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B-191889 1 (1978-10-02)

handle is hein.gao/gaobadgmx0001 and id is 1 raw text is: I THE CCMPTRC_' .. WNERAL IECISION. ;c.,.)cw TH0 UNIT mr a sTATES 4.r**,IWASHINLGTON. D.C.P-'Dsas FILE: 1-191889 DATE: October 2, 1978 MArTER OF: Browning Freight Lines DIGEST: Motor carrier's claim for recovery of amount set-off for loss of three packages of wearing apparel is disallowed because Government bill of lading showing receipt of the items by the carrier and record of shortage at place of delivery together with the amount of damages constitute prima facie case of carrier liability which is not overcome by carrier's form reporting that shortage of three packaged was detected at carrier's terminal during transloading from one vehicle to another. This decision is in responsa to a claim submittetd on behalf of Browning Freight Lines, Inc. (Browning), for $1,540.9% part of an amount the Government set-off against Browiing's freight charges to compensate it for a shortage in a shipment of wearing apparel transported under Government bill of lading (GBL) No. M-3875654. The CBL, dated August 7, 1975, covered a shipment of nine packages from the Army Defense Depot, Memphis, Tennessee (Memphis), to the Mountain Home Air Force Bane (Mountain Home) in Idaho. The GBL descibed the contnts of the packages and listed their respective WefBgts. On.August 7, 1975; a driver for'the initial carrier Con- solidated Freightways, Inc. (Consolidated), loaded the shipment into a set-put trailer and signed the GBL without ex.ption. When on August 15, 2975, the connecting carrier Browning delivered '.he shir- ment to Mountain Home, the Mountain Home incheckar noted the shipment was short three packag-s of wearing apparel, and noted the shortage on Browning's Freight Bill and on a Government Shipment Tally. Mountain Home prepared a Standard Form 361 Discrepancy in Shipment Confirmation on August 25, 1975, and forwarded it to Memphis, a copy going to Consolidated. Memphis returned the form with the notation shipped as billed, dated September 13, 1975. On February 23, 1976, the Army Finance and Accounting Center (APAC) approved a Discrepancy in Shipment Report holding Brovning liable for $2,540.99, repreanting the value of the lost apparel. AFAC revised that figure tv $1,548.34 on April 27, 1976, to include unearned freight charges. Collection was initiated in June of the same year, and completed in July.

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