
    The New York Central Railroad Company, Respondent, v. The Western Union Telegraph Company, Appellant.
    
      Contract — contribution — railroads — telegraph company — action on written agreement to compel contribution to wages of workmen employed in maintenance of telegraph lines along railroad right of way.
    
    
      N. Y. C. R. R. Co. v. W. Ü. Tel. Co., 222 App. Div. 739, affirmed.
    (Argued April 6, 1928;
    decided May 1, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was on contract to recover contribution by defendant, in the proportion provided for in a written agreement, for wages paid by plaintiff to workmen employed in maintenance of telegraph lines along the railroad right of way. The answer raised the issue whether plaintiff could increase the wages of such workmen without the defendant’s consent and compel contribution to the increased amounts expended in the same percentage.
    
      Chester B. McLaughlin and Francis R. Stark for appellant.
    
      Jacob Aronson, Leo Manville, Robert J Cary and Alexander S. Lyman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ. Not sitting: O’Brien, J.  