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B-181871 1 (1977-02-11)

handle is hein.gao/gaobadiyu0001 and id is 1 raw text is: !a. Kenneth Sig2 . L SQV THE COMPTROLLER GENERAL .ECI ION OF THE IJNITEQ STATES V- WABHINGTON, . C. 3200546 FILE: DATE: FES i L Sn mATTERtftWP7 Jones Truck Lines, Inc. DIGEST: (1) PrIma facie case of liablllty of Common carrier Is established when shipper shows diLvery to carrier iu Good condition, delivery by carr.or at destiuation La daaged condition. Once prima fa~ce case is eatablished burden of proof shifts to the carrier and remains t.ero. To escape liability carrier must show that loss or damage was duo to one of the excepted causes and that it was free of neligenca. (2) Pursuant to the Federal Claims Collection Act of 1966, the head of am ageni:y or his designee has authority to take action to collect all slaimn of the Uaited Stalza ari-S out of the activities of that agency. /ong thom means which are available to effect colle:tion of those elaimin is the ccmon law rght of setoff. This derision is In response to a request by Joues Truck Lines, Inc. OJones). for reconsideration of tho Covenront's claim for $14,355.50 against it. Since the ClaiM has been collected by saetoff from m a ea other-Lsa due the carrier, we will treat the carrier'a request for recousideration as a claim for refund of the $14,355.50 collected by aetof$ The Covernment'a dazntae claim artqes from the transportation of & recorder and parts from Longrzuwt, Colorado, to l=phiu, Tenaeacee, under Govr-nent bill of lading lao. F-92319239 datod Lay 4, 1973. Tho Federal Aviation Adatniatration, the shipper, requested and received exclutva use of vehicle service for this trDnsportation. The daimage to the recorder was discoverod upon dzlivery at rlatination and notation of the, dm age was nare upon the back of the Governvat bill of lading and upon the carrier's delivery racoipt. A r,la/ for the dr-wga w e presented by the Grvernment and rejected by the carrier. After a series cf deands by the Government And rejee.ti.ns by the carrier, the Governif'a claim was collected. by mcans of setoff against monies otherwise due the carrier. Jones contends that the dmag.e wan causeS by the ahtper's improper packing; that the Governmcnt he:s not estoliohed that the damage was caused by the carrier's negligencc, crcolessuess or accident Curing the pociod of transportation and that t!'a deduction action wn arbitrary and improper. jtb S. . .' ' o T -'N• ' o

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