About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-193432 1 (1984-12-03)

handle is hein.gao/gaobadmas0001 and id is 1 raw text is: THE COMPTROLLER 011SERAL DECIION oP THE UNITEO sTATEU WASNINGTON. 0.C. 20548 FILE: B-193432 DATE: December 3, 1984 MATTER OF: Chandler Trailer Convoy, Inc.-- Reconsideration OIQEST: Damage in transit to a mobile home caused by the combination of a rust-weakened frame and flexing of the frame over the axle, aggravated by an unbalanced load in the mobile home, resulted from a combination of defects which are exceptions to common carrier liability for the damage. Chandler Trailer Convoy, Inc. (Chandler), requests reconsideration of our decision in Chandler Trailer Convoy, Inc.--Reconsideration, B-193432, B-211194, Aug. 16, 1984, 84-2 C.P.D. 185, disallowing the claim of Chandler for refund of $8,685 recovered by the United States Marine Corps (USMC) for the destruction in transit of a mobile home transported from Jacksonville, North Carolina, to Pittsto, Pennsylvania, under government bill of lading (GBL) No. K- 0,997,949. We reverse the decision. In our prior decision, we denied Chandler's claim because, under the Interstate Commerce Act, 49 U.S.C. § 11707 (1982), commonly referred to as the Carmack Amend- ment, a prima facie case of carrier liability for the damage in transit was established by a showing that the mobile home was in better condition when received by Chandler at origin than when delivered by Chandler at destination and Chandler failed to establish that the damage resulted solely from an exception to carrier liability. On pickup of the mobile home at Jacksonville, North Carolina, the only defects noted by Chandler were a small buckle and small dent on the right side, small dents in front, shower door broken inside and the A-frame behind the hitch was benE and rusty. However, near Harrisburg, Pennsylvania, the main framework under the trailer was buck- ling over the axle, and the owner of the mobile home author- ized the installation of a third axle and reinforcement of the framework by Penn Welding and Automotive Service (Penn

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most