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B-183346 1 (1976-01-02)

handle is hein.gao/gaobaddtl0001 and id is 1 raw text is: FILE: O0LLE R C~ THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 (90(9 0 0993 FILE: DATE: January 2, 1976 MATTER OF: Brown Transport Corp. DIGEST: Disallowance of carrier's amended claim for refund of an amount administratively deducted from its account due to damage to floodlight units is sustained wihere carrier is liable for damage without proof of negligence unless damage is affirmatively shown to be the result of one of the exceptions to its liability as a cormon carrier, Federated Department Stores v. flrinke, 450 F.2d 1223 (5th Cir., 1971), and cases cited. Evidence on carrier's freight bill indicates extent of damage and allegaticns of faulty packaGing without evidence that packaging was the sole cause of damege will not rabut the presmption of nelience bhy th carrier. srt Petific P.s.. v. Elmore & Stzhl, 377 U.S. 134 (19t4). Brown Transport Corp. (Brown), by letter dated August S, 1975, protests the action of our former Transportation and Claims Division in disallcwing its amended claim for $519.11. The total amount of the claim, $521.91, was deductcd from monies otherwise due 3rown because of damage.sustained to two floodlight units which moved from Fort Campbell, Kentucky, to Lobias Air force Base, Georgia, on Governent bill of lading No. F-4756064, dated April 20, 1972. Brown contends that (1) at destination, only demage to part of the floodlights (the tie rods, valued at $2.80) was noted; (2) the carrier does not have to show that it is free from negligence and the burden of proof is on the Government to prove that the carrier was regligent and (3) the damaged items were not adequately packaged and packed in accordance with tariff provisions. Drown admits that some damage to the tie rods on the floodlight units was noted at destination. However, Brown contends that the Government is speculating as to whether or not the remainder of the damage was caused by Brown because the additional damage was not noted at th time of delivery. The record indicates otherwise. Brown's rreight Dill No. 1*269413, dated 4/25/72, together with PUBLISHED DECISI o'?4a2-L 655 Cone. Gn.- .

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