Galveston, Harrisburg & San Antonio Railway Co. v. Garteiser

ON MOTION FOR REHEARING.

FLY, Associate Justice.

— The whole testimony shows that Gar-

teiser was an employe of Heineman, who was an independent contractor to build fence for the appellant, under a contract made with it before the Southern Pacific Company had come into existence. It is true that Heineman in one part of his testimony swore, that he was a contractor for the Southern Pacific Company, but at the same time stated, that he had been such contractor since 1884. The first connection of the Southern Pacific Company with the road was in 1885. The testimony shows, that the hand-car on which…