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B-191889 1 (1979-05-16)

handle is hein.gao/gaobadhfw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECiSION OF THE UNITED STATES WA SH IN GTON , O .C . 2 0 5 4 3 /01 007 FILE: B-191889 DATE: Ma 16., 1979 MATTER OF: Browning Freight Lines, Inc. - Reconsideration DIGEST: Decision disallowing arrier's claim for recovery of amount set off for value of tlhree packhges of wearing apparel lost by carrier is affirmed where carrier alleges but offers no evidence that packages were not delivered by shipper to carrier at origin. Browning Freight Lines, Inc. (Browning) requests reconsideration of our decision of October 2, 1978, B-191889, in which we disallowed its claim for $1,540.99. The claim represented an amount set off by the Government to recover the value of three packages of wearing apparel delivered short by Browning, the destination carrier, from a shipment of nine packages tendered to Cpnsolidated Freightways, Inc. (Consolidated) , the origin carrier, on Government bill of lading (GBL) No. M-387 654 for transportation from the Army Defense Depot (Depot), Memphi / Tennessee, to Mountain Home Air Force Base, Idaho. bLb70/(a6'7 The claim was disallowed because the Government's prima facie case of carrier liability for the shortage was not overcome by a carrier form showing that the shortage was detected by Consolidated when transloading the shipment from the vehicle into which it was loaded at the Depot to another vehicle at Consolidated's Memphis terminal; the loss could have occurred between the Depot and the place of transloading. Browning enclosed a letter to it from Consolidated in which Consolidated states that although three packages were reported missing, the Government claimed for only one piece. This, says Consolidated, would indicate that the other two pieces were in fact located at origin since they were not delivered by Consolidated or Browning. However, the record indicates that the $1,540.99 set off from Browning covered the cost of all three packages. Neither Con- solidated nor Browning have presented any other evidence to show that Consolidated did not receive all three packages or that two of the packages were found. Once the shipper has proved a'prima facie case of carrier liability, the burden of proof shifts to the carrier and remains there. Thus, mere allegations that the goods

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