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B-192785 1 (1978-10-11)

handle is hein.gao/gaobadgmz0001 and id is 1 raw text is: 

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FiL.E: 5-192783                     flAW:   COT 11  eg

MATTER DF: Cartwight VAR 2LIUs, .Inc.


DIGEST:


-        Claemat  has sufficient defense to Government's prima facte
         case of liability for packed'household goodswhere record
         cantatns eixdencs that articles were improperly packed by
         warehouseman, as agent for shipper, and evidence of
         reasonable care by carrier tua form of good condition of
         eternal  cantainars when delivered at destination.


-          t (rturight Vaniines, Inc. (Cartwright), by latter of July 18,
      1978, protests the action taken by our Claims Division in disallowing
      its claim fox $58.50.  Thishaoun  was deducted by the Govarnant,
      as saubgma,  from -monias athurwisa.dun Carwright because of damage
      sustained to various airticles in a shipment of household effects
      bclanging to a member of the Air Force.

        -..'a  household.effeicts were packed by Vedri Transfer and Storage
        eaderal), on Noyember'29, 1972, and placed In its warehouse for non-
      temporary szoraje at .Colarado Springs, Colorado. Cartwright pirked up
      the shipment from Fedaral'P, warehouse on ;May 31, 1973, and transported
      it on Government bill of lading No. 11-4659193 to the member's tesidence
      in Sacramento, Californ:ta, where damage was discovered.to 11 items.
      lThe item. are identified to Federal's descriptive inventory. There
      has been settlement on five of the damaed items; these are the six
      Items which ware the subj act of daductin and.th.carrier's - claim


-Item
  No.
  44
  70
  187

  199

  282


                          nature of
  Article                 Dl  a
  flower pot holder       smashed
  flower pots             broken
  clock                   face btoken
                          number missing
 chandelier               bent 6 broken
rpictisre framne         t sLase broken
coffee pot                glass broken


Amunt
ClAimed
$ 1.20
18.00
18.00

18.00
  3.00
  1.50.


     Cartyright declines liability and asserts that the articles verL
improperly packed by Federal and that the containers arrived at
destination in  n undamaged condition. The carrier's claim was dis-
aillmed on the alternative grounds that it failed to present evidence
that the damaged articles were.improperly packed, and that even if they


         -                          p




                    t    TM CDWN TOLLUW UWNERAL
DECISION .                   OF   THE UNITED afATES
                             wdwibna aD   fl.fl. RDOUSE


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