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B-198815 1 (1982-04-13)

handle is hein.gao/gaobadkfv0001 and id is 1 raw text is: 0i, ; -4c% \'THE COMPrROLLER O3NIERAL DECISION OF THE U NIT C El6TATEU \A. I SWASHINGT ON DC . 2 0 5 4 b FILE: B-198615 DATE: April 13, 1982 MATTER OF: Global Van Lines, Inc.. DIGEST: i An Army member who tenders to a carrier a sealed carton packed by owner with- out disclosing its contents to the carrier bears a heavy burden of estab- lishing the carton's contents in any claims proceeding resulting from the carton's loss during shipment. 2. Where a shipper furnishes no substantive evidence to support his allegation that he tendered to a carrier property that was lost during shipment, and the record contains evidence that brings the allegation into question, the Government has not established a prima facie case of carrier liability, and the carrier thus cannot be held liable for f the loss. Global Van Lines, Inc. appeals a settlement of our Claims Group disallowing its claim for $3,000, an amount which had been set off from monies otherwise due Global after Global was found liable for the loss of two oriental rugs allegedly contained in a shipment of hotisehold goods belonging to a member of thu Army. Global transported the shipment from Brooklyn, New York, to Fort Hood, Texas, under Government bill of lading 1-2041528. We sustain the appeal. Global argued before the Claims Group that there was no satisfactory proof that the oriental rugs had been shipped. The Claims Group, however, determined that the record indeed established a prim facie case of carrier negligence an liability, which Global had I$ I * - I * *.*, , - ' '. . . . * P . . . . . . . . -.n.I. Y

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