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B-193432,B-211194 1 (1984-08-16)

handle is hein.gao/gaobadlvt0001 and id is 1 raw text is: THE COMPTIROLLUWl GENERAL DECISION OP THE UNITED STATES WASHINGTON. 0.C. 90543 FILE: B-193432, B-211194 OATE: August 16, 1984 MATTER OF: Chandler Trailer Convoy, Inc.,-- Reconsideration DIGEST: 1. At common law, codified by section 20(11) of the Interstate Commerce Act, 49 U.S.C. 11707 (Supp. IV, 1980), a common carrier is liable without proof of negligence for all damage to goods transported unless the carrier shows that the damage was caused solely by (1) an act of God, (2) the public enemy, (3) the fault of the ship- per, (4) act of public authority, or (5) the inherent nature of the goods shipped. 2. A prima facie case of liability is established when the shipper shows a failure by the carrier to deliver goods at destination in the same quantity or quality as received by the carrier at origin and the amount of damages. 3. Prima facie case of carrier liability for damage or loss of mobile homes has not been overcome where, in one case, the carrier's evidence of shipper fault is based on tire blowouts and, in the other case, is based on speculation, con- jecture and inference from the fact of damage that the mobile home structure was defective. 4. The defense that damage in transit was the sole result of a common law exception to carrier lia- bility must be established by the carrier by affirmative evidence and not by conjecture or inference. Chandler Trailer Convoy, Inc. (Chandler), requests reconsideration of our decision in Chandler Trailer Convoy, Inc., B-193432, B-211194, Jan. 5, 1984, 84-1 C.P.D. 1 53, in which we denied in whole or in part claims for refund of amounts recovered by the shipping agencies for loss or dam- age in transit to four shipments of mobile homes. Chandler has requested reconsideration only of the shipments under government bills of lading (GBL) Nos. AP-300,655 and K-0,997,949.

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