Houston Lighting & Power Co. v. Eller Outdoor Advertising Co.

EVANS, Chief Justice.

This is a case of first impression in Texas. The sole question is whether a party entitled to indemnification for damages to an injured employee may recover indemnity under the Public Utilities Act from an employer covered by the Workers’ Compensation statute.

The facts are undisputed. The employee, Tommy Eugene Miller, was electrocuted on April 18, 1974 when he came into contact with an overhead power line owned and operated by the appellant, Houston Lighting & Power Company (HL&P). Miller was a billboard worker for Eller Outdoor Advertising Company of Texas (Eller), and…