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B-185064 1 (1977-02-10)

handle is hein.gao/gaobaddwt0001 and id is 1 raw text is: II OEC!Sl1011 FILE. B-185064 I i I Robert Heitzman EtEl VEanap. f THR COMPTROLLER GENERAL ' . OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: February 10, 177 MATTER OF: Chandler Trailer Convoy, Inc. DIGEST: 1, The law places burden on carrier to establish not only the general tendency of a mobile home to be damaged In transit, but that damage was due solely to that tendency. Whitehall Packing Co., Inc. v. Safeway, 228 N.W. 2d 365 (Wisc. 1975). 2. Definition of inherent vice indicates that loss is caused in commodity witnout outside influence, and courts have so held. See cases cited. 3. If carrier knows or should have known that goods delivered to it for transporta- tion are in danger of loss or damage, law reqLires carrier to use ordinary care, skill and foresight to avoid consequences. Little Rock Packing 'c. v. Chicago, 3 & 0 R.R., 116 F. Supp. 213 (W.D. Mo. 1953). 4. Carrier has failed to rebut its prima fade case of liability for damage and to meet its burden of proof that sole cause of damage was due to nn inherent defect. However, aiount of damages is in error and is to be adjusted accordingly. Chandler Trailer Convoy, Inc. (Chandler), has requested review of a settlement issued by our Claims Division on Fbruary 9, 1976, (Claim No. Z-2608885(3)). In the settlement the Claims.Division cisallowed Chandler's claim for . refund of $2,299, which tha Government as a subrogee collected by setoff for damage t6 a mobile home owned by a member of the military and transported by Chandler under Government bill of lading No. F-6530696. The mobile home was picked up by Chandler on February 6, 1974, at Nolanville, Texas, and delivered in a damaged condition to its owner at Gray, Kentucky, on February 12, 1974. While 4- *1~* ''~1 £ A / I tKi V. I I

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