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B-193432,B-211194 1 (1984-01-05)

handle is hein.gao/gaobadlmn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION P. oP THE UNITEO STATES WASHINGTON, 0.C. 20548 FILE:B-193432; B-211194 DATE: January 5, 1984 MATTER OF: Chandler Trailer Convoy, Inc. DIGEST: 1. Carrier's contentions that the government cannot establish prima facie cases of carrier liability for damages to mobile homes because (1) the mobile homes were old and used, and (2) the defective condition of the mobile homes at origin was con- cealed are without merit. The fact that the mobile homes were old and used is not necessarily incon- sistent with a finding that they were in good condi- tion at origin, and those components of the mobile homes that were damaged were all visible upon routine inspection. 2. The fact that a tire blows is insufficient per se to establish an inherent vice and, where a carrier presents no other evidence that damages to mobile homes were the result of an inherent vice of the mobile homes' tires or wheels, the carrier cannot avail itself of the inherent vice exception to common carrier liability. 3. A common carrier cannot disclaim liability for damages to goods in transit through provisions in its tariffs and commercial bills of lading that purport to expand upon the limited exceptions to common carrier liability since these provisions appear to violate the statute governing a common carrier's liability, 49 U.S.C. S 20(11) (1976). 4. Carrier's contention that it is not liable for damages to utility pipes allegedly tied up underneath a mobile home is without merit since a carrier is responsible for improper loading that can be discovered by ordinary observation. 0-4715LA

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