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B-193195 1 (1979-05-07)

handle is hein.gao/gaobadhet0001 and id is 1 raw text is: p THE CIVIPTROLLER GENERAL DECISIDN OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-193195 DATE: May 7, 1979 MATTER OF: Chandler Trailer Convoy, Inc. jt fj1r'e r /1eefk44v71,or /tfM/F 95(VrS7dff 44g 7---s DIGEST: 1. Previous repair of mobile home spring hanger does not constitute inherent vice as such condition is not caused entirely by internal decomposition or some quality in the property which brings about its own injury or destruction. 2. Measure of damages for freight shipments delivered at destination in damaged condition is difference between market value of property at destination had damages not occurred and its value in damaged condition. Chandler Trailer Convoy, Inc. (Chandler) transported in July 1976 a 60-foot mobile home, belonging to a member of the Department of the Navy (Navy), from.Moyock, North Carolina, to Newport, Rhode Island, under Government bill of lading No. M-5897300. It was de- livered.in a damaged condition and the Government as the Navy mem- ber's subrogee collected $6,000 from the carrier by setoff for that damage. In a letter dated October 9, 1978, Chandler requests our review of the Navy's setoff action and refund of the amount deducted. Chandler received the shipment in apparent good order and condition subject to the exceptions noted on its Pre-Move Inspection Record. That record shows that the frame was in fair condition with some buckling and a dent on the right side of the unit and some buckling on the left side of the unit. At destination, the mobile home's damage included a broken window, twisted trim, cracked and buckling interior and exterior wall panels, and a severely twisted chassis. Chandler admits liability only for the broken glass and twisted trim; it states that this damage was caused by the mobile home's collision with a telephone pole en route to Rhode Island. Chandler claims that all other damage was caused by the unit's weak spring hangers on the undercarriage which had been welded before the trip by someone other than Chandler and which had to be welded again during the trip. Chandler states that because the spring hangers had been welded once before, they were weak and thus constituted an inherent vice in the mobile home.

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