Does Section 405 of the Civil Code protect a plaintiff's right to sue?

Therefore plaintiff's right to sue was saved by section 405, but, as no negligence or wrongful act by defendant or any one else was shown, the dismissal was right. We no more consider it necessary to review the evidence than did the trial and appellate state courts, which heard what ought to have been, and was so far as we know, the same story. Indeed, we could properly decline even to consider the matter, as no exception was taken to the action of the court in dismissing the complaint (Reader v. Haggin, 160 F. 909, 88 C.C.A. 91), but the importance of recognizing the effect of the Sharrow Case on future and similar litigation in this circuit has justified this memorandum.

Judgment affirmed.