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.
![handle is hein.gao/gaobadgsi0001 and id is 1 raw text is:
THU COMPTROLLER MWNfhrALA
DECIUION . F .is . OF THE u IaT5 ETATUXs
WVASaH ING TON. 0 .C. PC]054 0
I. . v, - c aa
FILE: B-193029 DATE: Dtcember 7, 1978
MATTER OF: Mercury Motor Express, Inc.
DIGEST:
Where carrier's rate tender for Freight All Kinds 'uccifics
a single factr rate and a minimum walght per id, tender
is complete and unambiguous on its face and 1.- 1 of
liability proviflion for specific item in NnLiou --or Freight
Clasoificatinu, inextricably tied irto classific, ilon ratings
for specific itera, cannot be incorporated by reference into
Lender nder so-called omnibus clause.
Mercury Motor Expzess, Inc. (ercury), through its attorney,
requests review of our Claims Division's Settlement Certificate
dacod July 13, 1978 (claim No. Z-2793467), in which the Division
disallowed Mercurv's claim -or $8.123.36. 4 C.F.R. 30.1(b)(1978).
The amount claimed insi collected by administrative setoff from
Mercury to liquidate the Government's claim for the value of a
radio lost from a shipment of miscellaneous reight tendered to
Mercury in August 1974 otn a Government bill of lading (CL) for
transportation from Dover Air Force Base, Delauare (Dover), to
Warner Robins Air Force Base, Georgia (Warner Robins).
The shipment tendered to Mercury at Dover without exception
was described on CUL No. K-567720$ as 28 pieces of FREIGHT ALL KINDS,
weighing a total of 7,742 pounds. The bill of lading bore on its face
thc' notation MERCURY ICC 604 (3-30-74)', a reference to a rate tender
issunid by Mercury. When unloaded at Warner Robins, the shipment was
short ore piece, later identified as a radio weighing 126 pounds and
valued at $8.123.36 (including unearned freight). Those facts
establish a prima facie case of carrier liability for the value of
the lost radio. Missouri Pacific R.R. v. Elmore & Stahl, 377 U.S.
134 (1964). The carrier does not deny liability for the loss but
argues that the measure of its liability is limited to a released
value of $1.50 per pcund or $189 for the 126-pound radio.
The rate admiltodly applicable when the shipment was trnnsported
is contained in Supplement 3 to Mercury's Section 22 Quotation I.C.C.
604 (Tender 604), effective March 10, 1974, and referred to on the
CBL. It names on shipments of FREIGHT ALL KINDS transported by
Mercury between Warner Robins and Dover a single factor rate of
$1.77 per one hundred pounds, subject Lo a minimum weight of 30,000](ViewImageLocal?handle=hein.gao/gaobadgsi0001&div=1&collection=&method=preview&ext=.png&size=3)