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B-215559 1 (1984-10-23)

handle is hein.gao/gaobadlyz0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL OECISION OP TH UNITED STATES V8 WASH INGTON. 0. C. 20548 FILE:B-215559 CATE: October 23, 1984 MATTER OF: Continental Van Lines, Inc. DIGEST: Once a prima facie case of liability has been established by showing a failure to deliver the same quantity or quality of goods at des- tination as received at origin, a common car- rier is relieved of liability only by showing that the loss or damage did not occur while in the custody of the carrier or that the damage was the result solely of one of five specified causes. A carrier is not relieved of liability where it does not inspect the damages. Continental Van Lines, Inc. (Continental), claims refund of $259.41 recovered by the Department of the Air Force (Air Force) for loss and damage in transit to the household goods of SSgt. Alfred F. Villar. The household goods were being transported from George Air Force Base, California, to Bergstrom Air Force Base, Texas, under government bill of lading (GBL) No. AP331,872. We deny the claim. The household goods were delivered at destination on September 14, 1981. On delivery, loss of a bookcase frame- and damage to a glass mirror were noted on a Defense Depart- ment Statement of Accessorial Services, which also has spaces for the consignee's statement of delivery and loss or damage. This form appears to have been made out and surren- dered to the carrier at the time of delivery. On October 7, 1981, 23 days after delivery, the Air Force sent Continental notice of additional damage and missing goods. The Air Force inspected the shipment and allowed SSgt. Villar $246.14 for the loss and damage in transit, and the amount allowed was claimed by the Air Force from Continental. Continental offered $25.80 for the missing bookcase frame in full settlement of the claim and denied the balance on the grounds that no exceptions were taken at the time of delivery and because Continental was denied the right of inspection. C)YC)71l

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