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B-200396 1 (1981-07-16)

handle is hein.gao/gaobadjoc0001 and id is 1 raw text is: E- .THECOMPTROLLER GENERAL DECISION OF THE UNITED STATES SWASHINGTON, 0.C. 2054e FILE: B-200396 DATE: July 16, 1981 MATTER OF: American Farm Lines DIGEST: 1. To rebut prima facie case of common carrier liability, carrier must show affirmatively that damage was caused by shipper, an act of God, the public enemy, public authority, or inherent vice or nature of commodity, and, fur- thermore, that this excepted cause was sole cause of damage. 2. Allegations that agency's failure to advise carrier that additional lading, not listed on GBL, was loaded on truck and that shipment was over- dimensional do not establish that damage to shipment was caused by shipper's action, where, contrary to these allegations, record shows that lading was visible upon ordinary observation, that carrier did not object on GBL at pickup to loading of said items, that carrier's agent was present at weighing and appar- ently aware of additional cargo, and that shipment was not oversized. American Farm Lines (AFL) has filed a claim to recover monies set off by the United States Army Finance and Accounting Center (Army) for damage sus- tained by Government property transported by AFL under Government bill of lading (GBL) M-3,531,715, from Fort Bliss, Texas, to Ford Ord, California. The GEL described the shipment as two pieces of military impedimenta: one 2-1/2-ton truck and one trailer mounted generator. The 2-1/2-ton truck con- tained three radar antenna reflector assemblies (antennae) with cases; but they were not listed on the GBL. As loaded by the Army, the antennae protruded '~-r~

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