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B-185291 1 (1977-12-28)

handle is hein.gao/gaobadfnj0001 and id is 1 raw text is: I DECIMION FILE: B-185291 Ix& im THE CIVPTflLLrtPf ONEIrAL -la F -rmle.U Ni rE 0 1*rATue V/D'E :DecASHINCTrN. .C. 1O7 4t0 DATE:Dccc'mber 28. 191'( MATTER OF: Trans Country Van Lines, Inc. DIGEST: 1. Prima facie case of liability of cormmon carriev is established when shipper shows delivery to carrier at origin in good condition and deliver: by carrier at destination in damaged condition. Once prima facie case is established burden of proof shifts to the carrier and remains there. To escape liability carrier must show that loss or damage was due to one of the excepted causes and that it was free of negligence. 2. A delivery reve.'t as a matter of 2. w delivered to Lim. and corrertt.on. siened by the consiCnee does not establish that property was in good condition when A delivery receipt is subject to explanattan Trans Cruntry Van Lives, Inc. (Trans Country) by letter dated June 17, 1977, requests review of the disallowance of its claim for $2,083.17. The clain represents the amount collected by tie Government by SLcoff from monies otherwise due the carrier to satisfy the Government's claim for damage aguinst Trans Country. The Government's clAim, No. Z-2625150, arises from the damages sustained to a shipmLnt of magnetic tape drives while in transportation from Washington, D.C., to Kelly Air Force Base, Texas, nder Govern- ment bill of Lading (GBL) F-8775397, issied on September 13 1972. The actual costs to the Government for repairs wore $2,739.07 but recovery is limited to the released valuation of 60 cents per pound per article. Trans Country asser*A that it did not receive notice of concealed damages and therefore did not have an opportunity to inspect all of the items damaged. Trans Country also contends that it has not been established that the carrier is rnsponcible for all of the concealed damages and that the damages 'might have occurred after the shipment was delivered. The carrier also sugeocts that if the delicate character'itics of this shipment necessitated exclusive use of the vehicle service or the need for air ride equipment, the Government -hould have ordcred the equipment and paid for premium service. - 1- F C

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