#### Frederic A. Delano et al., receivers of Wabash Railroad Company, plaintiffs in error, v. St. Louis & Northeastern Railway Company, defendant in error.

Action on contract to recover half of expense of maintaining watchman at railroad crossing. Judgment dismissing suit on sustaining demurrer. Error to the Circuit Court of Montgomery county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the October term, 1918.

Affirmed.

Opinion filed April 29, 1919.

D. B. Kinder, for plaintiffs in error; J. L. Minnis, N. S. Brown and L. H. Strasser, of counsel. Miller & McDavid, for defendant in error; Burton & Hamilton, of counsel.

Mr. Presiding Justice Graves

delivered the opinion of the court.