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B-194208 1 (1979-08-13)

handle is hein.gao/gaobadhmv0001 and id is 1 raw text is: 01ovLER o THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 Zie~4>%1fP/ / ne -29 FILE: B-194208 DATE: August 13, 1979 MATTER OF: Chandler Trailer Convoy Inc. DIGEST: 1. Ca'rrier's bare statement that mobile home was not involved in collision does-not establish that inherent vice was sole cause of damage. 2. Law makes carrier responsible for damage which, in fact, may not be due to its fault, in absence of proof of facts relieving it of liability. 3. In absence of competent evidence proving carrier's allegation of defense of inherent vice, or of lower quantum of damage, GAO must disallow car- rier's claim for amount set off by Army. Chandler Trailer Convoy Inc. (Chandler) claims $891.76 set off by the Army from monies otherwise due the carrier to pay the Army's claim for damage incurred to a mobile home while in Chandler's possession for transportation. The'record shows that a 64-foot, 1973, mobile home was picked up on Government bill of lading No. M-2514831 at Columbus, Georgia, on December 5, 1977. Chandler's driver, who appears to have been Glen Howell, prepared a Pre-Move Inspection Record showing that, other than a hole on the fr.ont right corner, the unit was in fair con- dition. The record also contains another Pre-Move Inspection Record. This one, dated December 19, 1977, was prepared by Leonard Mohler, Chandler's second driver, whose comments on the form disclose that Howell's truck broke down at Toms Brook, Virginia, while en route to destination, Dover, Pennsylvania. On taking over the transportation from Howell, Mohler noted the following results of his pinspec- tion: RIGHT SIDE: Front shutter bent down half' Hanging, I put in trailer, Small dents, Rear corner damaged. LEFT SIDE: Rear corner damaged, small dents, scraped along top.

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