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B-190474 1 (1978-10-23)

handle is hein.gao/gaobadgpm0001 and id is 1 raw text is: A t'A '\THF CO3MPTPOIL ANE6R A L Q0L/ D CISION J24ha- .)CF THE UNI TAT V 3 0V . WAS1HiNCTON. L C-. 20548 FILE: B-190474 DATE: Otober 23, 1978 AATTER OF: Chandler Trailer Convoy Inc. DIGEST: 1. Liability of carrier for loss and damage to mobile home commences when shipper relinquishes control and carrier receives custody thereof. 2. Carrier has failed to rebut Government's prima facie case of liability for damage and to meet its burden of proof that sole calise of damsge was due to an inherent defect; however, amount of damages is in error and is to be adjusted accordingly. A report, dated January 31, 1978, from the Department of the Air Force shows that Chandler Trailer Convoy Inc. (Chandler), transpotted a 65-foot, 1973, mobile home, belonging to an Air Force member, from Andrews Air Force Base, Maryland, to Caswell Air Force Station, Maine. The Government as iubrogee collecteC $849.73 from the carrier by setoff for damage to the mobile home, having rejected an offer to settle its claim for $100. By letter of October 12, 1977, Chandler requests review of the denial by the Secretary of the Air Force of its request for refund of the amount deducted. Chandler received the shipment on Government bill of lading No. K-2735127, February 9, 1976, . . . in apparent good order and condition (contents and value unknown) . . ., subjcect to exceptions noted on is Pre-Move Inspection Record. The record noted scratches on the ,pper-top skin towards the front on the right side, and buckling at the middiu-top, left side; loose screws were noted on both sides. At destination, the member reported various items of damage, and submitted a bill from a local repairman detailing the cost of materials to repair each item, and the total cost of labor. Except for the numerical identification, added for convenience in later reference, the bill reads essentially as follows: (1) Right side 2 outside panels 21.00 each $42.00 (2) 1 long right top panel 21.00 21.00

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