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B-198529 1 (1981-06-09)

handle is hein.gao/gaobadjlc0001 and id is 1 raw text is: t Za 0%,L R r >.THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-198529 DATE: June 9, 1981 MATTER OF: Paul Arpin Van Lines, Inc. DIGEST: Carrier does not rebut prima facie case of liability for damage to television set where proof purportedly indicating that vacuum tubes must have been damaged after delivery is consistent with conclusion that damage occurred in transit. Paul Arpin Van Lines, Inc. (Arpin) appeals a settle- ment of our Claims Group (Claims) which disallowed a claim for $46.63 collected for damage to a television set shipped by Sgt. Vernell Qualls under GBL M-1867834. Claims determined that the evidence indicated that the property was tendered to the carrier in good condition, was received in a gouged, scratched and dented condition with two damaged vacuum tubes, and that damages amounted to $46.63. In the circumstances, Claims concluded that a prima facie case of bailee negligence had been estab- lished in accord with the standards in Missouri Pacific Railroad Co. v. Elmore & Stahl, 377 U.S. 134 (1964), and that Arpin had not met its burden to show that loss or damage did not occur while the television set was in its custody or resulted from an excepted cause. Arpin focuses its appeal on one point: the conclu- sion that Arpin had not met its burden of showing that the loss or damage did not occur while the set was in its possession. According to Arpin, at least part of the damage must have occurred after delivery, since reports prepared by the service company performing the repairs indicate that the owner's original complaint with the set was that the picture was wavy. Had the 6LB3 damper tube been broken as claimed, Arpin contends, there would have been no high voltage in the set and no picture at all. 'Se-j/(5/5an 4-

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