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B-199156 1 (1981-03-05)

handle is hein.gao/gaobadjeh0001 and id is 1 raw text is: 



                                    THE COMP ROLLER GENERAL
              DECISION        2-/.\OF THE UNITED          STATE~S
                                      WASHINGTON. D.C. 20548


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                      INT~



              FILE: B-199156               DATE:   March 5, 1981

              MATTER OF: National Trailer Convoy, Inc.


              DIGEST:

              1.  Blow-out of tires, causing damage to
                  Air Force member's house trailer during
                  transportation, is not inherent vice
                  relieving carrier of liability.

             2.   Clear receipt given to carrier upon de-
Nlivery of house trailer at destination
                  does not defeat presumption that damages
                  occurred during transportation where con-
                  signee's agent signed receipt in mistaken
                  belief that apparent defect was due to
                  position of unit, and actual damages were
                  discovered through series of inspections
                  commencing only 3 days after delivery.

             3.   Inference is reasonable that damage to
                  platform, box and exterior of house trailer
                  occurred during transportation, rather than
                  after delivery, where unit remained on same
                  lot during inspection period.

             4.   Inference of carrier's negligence is estab-
                  lished from showing of violent handling,
                  and evidence of several tire blow-outs,
                  deflection .and twisting of frame, dis-
                  connection of trailer box from platform,
                  and exterior damage, warrants finding of
                  violent handling.

                  _The claim'for 2,l36.28, presented by National
             Trailer Convoy, Inc. (National), results from setoff of
             that amount by the Department of the Air Force from
             monies otherwise due the carrier.,IThe Air Force made
             the setoff as subrogee to the rights of Sergeant Ronald D.
             Schucker, Jr. , who had a claim against National for
             damage allegedly .sustained by his house trailer during
             transportation.- .Subrogation occurred through the Air
             Force's payment of $2,136.28 to Sergeant Schucker on his

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