About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-193101 1 (1979-03-12)

handle is hein.gao/gaobadgzm0001 and id is 1 raw text is: THE -COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-193101 DATE: March 12, 1979 MATTER OF: IML Freight, Inc. DIGEST: &JVieA)vx P- 3)AMIA6e,( pAeffi) 'P61 *1 1. Prima facie case of carrier liability is established when evidence shows that (1) shipment was delivered to carrier at origin in good condition, (2) shipment arrived at destina- tion in damaged condition and (3) amount of damages can be established. 2. If shipper improperly loads shipment and improper loading is apparent to ordinary observation, carrier is liable notwith- standing shipper negligence. 3. In order to fulfill duty to s.afely transport goods delivered to it in good condition, carrier should inspect goods loaded by shipper. 4. When questions of fact are disputed between claimant and administrative agency, GAO will accept as correct facts fur- nished by agency in absence of preponderance of evidence to contrary. 5. Carrier, advised by shipper of damage to shipment at delivery, must inspect shipment in order to preserve any defenses it may have. 6. Deduction by shipper for balance of damages after deducting salvage value does not entitle carrier to possession of damaged article as if carrier had purchased salvage value because shipper deducted difference between original value of shipment and proceeds from its salvage and therefore carrier was not charged for salvage value. This decision is in response to a letter of August 15, 1978, from IML Freight, Inc. (IML) requestin reconsideration of the action taken by our Claims Division . I se tlement certificate issued on July 21, 1978, claim number Z-2621106(l). IIL's claim number is 15-472827.- In the settlement, the Division disallowed IML's claim for $2,844 which was administratively set off from amounts owed to IML by the Government. The deduction represents the value of damages to a shipment of aircraft fuel tanks transported in 1974 by IML from Travis Air Force Base, California, to Hill Air Force Base, Utah, under Government bill of lading (GBL) No. K-5815917. -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most