About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-213837 1 (1984-03-20)

handle is hein.gao/gaobadlpa0001 and id is 1 raw text is: THE COMPTROLLER GENENAL OECISION oP THE UNITE0 STATE WAUHINOTON. 0.0. 30546 fI FlLE: B-213837 OATS: March 20, 1984 MATTER OF: Starck Van Lines of Columbus, Inc. OIGEST: 1. A clear delivery receipt obtained by the carrier at the time of delivery is not conclusive evidence of the condition of the property at delivery and does not pre- clude proof that the goods were in fact damaged when received from the carrier. 2. Shipper establishes prima facie case of carrier liability for damage in transit by showing that the household goods, while having some damage when picked up by the carrier, were in worse condition when delivered by the carrier. The bur- den then shifts to the carrier to show that the damage did not occur in its possession or was the sole result of an excepted cause, and mere speculation does not satisfy this burden. Starck Van Lines of Columbus, Inc. has appealed our Claims Group's denial of its claim for a refund of $187.50 which the Department of the Air Force with- held from Starck to compensate for damage, incurred during transport by Starck, to seven items of household goods owned by an Air Force staff sergeant. We affirm the Claims Group's decision. The goods were packed by Starck in Dayton, Ohio; picked up by a Starck agent; delivered to storage-in- transit in Dubuque, Iowa; and delivered in Epworth, Iowa by another Starck agent. Upon delivery, several damaged items were noted on the delivery receipt by the delivery agent. The transportation officer from Rock Island Arsenal inspected the shipment and found additional damaged property, which he listed on the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most