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B-185135-O.M. 1 (1976-11-16)

handle is hein.gao/gaobaagta0001 and id is 1 raw text is: C) Kenneth Siegel Transp/ - UNITED STATES GOVERNMENT GENTAAL ACCOUNTING OFFICE Memorandum osr =Ifov ie 1 6, TO Director, CD ?aoferal Counsel - Paul C. Dling 5JECTr B-185135-O.M. Aero Mayflower Transit Company, Inc. Loss and Damage claim We refer to the attached claim file and related papers pertaining to Aero Mayflower Transit Company, Inc. (Mayflower); by letter of June 19, 1974, it in effect claims $494.96 which was deducted by the Government as a subrogee from monies otherwise due to compensate it for 1oss and damage to household goods owned by a member of the military. On September 15, 1967, MSgt. Edward J. Aim, U.S. Air Force, having been assigned to overseas duty, had his household goods shipped from his home in Bangor, Maine, by Barrows Transfer & Storage (Barrows) to its warehouse in Waterville, Maine, for contemporary storage. Barrows is an agent ofMayflower. MSgt. Aim purchased additional insurance coverage, not to exceed $4,000, through Barrows from The Home Insurance Company of New York. On October 14, 1970, under Government bill of lading No. E-8694048, Barrows transported MSgt. Alm's goods from its warehouse to Monarch Noving & Storage Co.(Monarch), Kansas City, Missouri, f3r storage-Ln- transit. Monarch also is an apent of Mayflower. The goods were delivered by Monarch to the Alm's residence on December 11, 1970, and loss of and damage to various items was observed and noted by MSgt. Aim, the carrier's driver and the helper. MSgt. Aim noted the loss and damge on AF Form 529 and on the carrier's inventory. The three elemets required to establish a prima faci3 case of carrier liability fMissouri Pacific R.R. v. Elmore & Stahl, 377 U.S. 134, 138 (1964)1, exist in relation to Mayflower. The shipment was picked up by the carrier at origin in good or at least in better condition- than Ltas__=eceived at destination. This element is evidenced by the Government bill of lading and the clear household goods inventory executed at the time of pickup by Mayflower. The second element, the arrival of the shipment in a damaged condition, is evidenced by the observations of MSgt. Aim, witnessed

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