'Q. And you said 'Good'? So then you didn't do anything more about putting back these wheels, is that it? A. No, I did not. Then their fellows went back with the crane to hook on and bring it over.' (N.T. 24)
'Q. Just what were you doing when the accident occurred? A. Jacking up our trailer when this man said he'll put the wheels on for us.
'Q. The man who said that was the man that you have called the foreman today, is that right? A. That's right.
'Q. Now after that was said, what was done? A. We started jacking up our trailer, then his men went over and started bringing the wheels over with the crane.
'Q. With the crane. And did one set of wheels get put on, or were you hurt when the first set was being put on? A. No; they brought the left-hand set over and they set them down and I was working on that. When they set 'em down I picked up the pin and put it in there, then I picked up the lock pin and put that on there, then I put the bolt in and then I tightened the lock and I started to put on the air hose when they set the other ones down.
'Q. Now, when they set the other ones down, who shoved them into position? A. The operator set them down there.
'Q. Did anybody have to push them into position by hand? A. You can't push them by hand.
'Q. Well, was anyone touching them? A. My helper said to me, 'They're stuck', and I went over. As I stepped up on the trailer and walked across the trailer I put my hand on there to look, and that's the end I know.
'Q. Did you have anything in your hand at that time? A. I did not; only where I was holding on to the thing there.
'Mr. White: Holding on to what?
'The Plaintiff: Holding on to the trailer wheels.' (N.T. 27-9)
There is nothing in this record to overcome the 'factual presumption' arising under Pennsylvania Law that Conrad remained in the employ of Bazley and did not become an employee of McCormick. See Pennsylvania Smelting & Refining Co. v. Duffin, 1950, 363 Pa. 564, 567, 70 A.2d 270, 17 A.L.R.2d 1384. Also, there is no adequate evidence that Conrad consented to being an employee of Bazley. See Sames v. Borough of Perkasie, 1930, 100 Pa.Super. 402, 407.