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B-185784 1 (1976-06-25)

handle is hein.gao/gaobaddcq0001 and id is 1 raw text is: THE COMPTRL4LLER GENERAL DECISION OF THE UNITED STATES VVASH I NGTON, D C. 20548 t 'I7 t I DATE: JUN 5 1976 FILE: MATTER DIGEST: 5-185784 OF: Chandler Trailer Convoy, Inc. 1. Mobile home delivered to carrier in good condition, delivered to consignee in damaged condition, and ascertainment of amount of damage establishes prima facie case. Missouri Pacific R.R. v. Elmore 6 Stahl, 377 U.S. 134, 138 (1964). 2. Mobile home carriers are subject to Carmack Amendment, 49 U.S.C. 20(11) (1970). 3. At common law common carrier could not escape liability by showing absence of negligence. See cases cited. 4. Cases involving perishable goods apply to durable goods. 5. Carrier's tariff item excluding it from liability is ambiguous, and appears to be rule exempting carrier from own negligence, and therefore in violation of 49 U.S.C. 20(11) (1970). 6. Carrier has burden of proof to show that inherent defect was sole cause of damage. Chandler Trailer Convoy, Inc. (Chandler), has requested review of a settlement issued by our Claims Division on November 28, 1975. In the settlement the Claims Division disallowed Chandler's claim for a refund of $1,942.66, which the Government as a subrogee collected by setoff for damage to a mobile home owned by a member of the military and transported by Chandler under Government bill of lading No. E-5671932. The mobile home was picked up by Chandler on January 21, 1974, at Iluachuca City, Arizona, and delivered in a damaged condition to its owner in Scottsburg, Indiana, on February 1, 1974. The Pre-Move Inspection Reacord, prepared by the carrierts PUBLISHED DECISIOiN 55 Comp. Gen. ........

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