About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-213089 1 (1984-03-06)

handle is hein.gao/gaobadlom0001 and id is 1 raw text is: o ~ THE COMPTROLLER GENERAL DECISION -OF THE UNITED STATES 9 WASHINGTON. O.C. 0548 FILE: B-213089 DATE: March 6, 1984 MATTER OF: Southeastern Freight Lines DIGEST: 1. A shipper establishes a prima facie case of carrier liability for damaged goods when the shipper establishes that the goods were tendered in good condition and were received from the carrier in damaged condition. The fact that the consignee's delivery receipt does not note the damage does not in itself overcome the presumption of carrier lia- bility, since the terms of a delivery receipt may be varied or explained as the actual facts become known. 2. The fact that a carrier claimed responsible for damage to transported engines was unable to inspect the damage fully because the car- rier delayed inspection until after the engines, which were priority items, were repaired and mounted, so that the carrier could only inspect the damaged parts, does not affect the shipper's prima facie case of carrier liability. 3. Under the Interstate Commerce Act, a shipper can file a claim for damage to transported goods against either the originating or the delivering carrier, irrespective of which one had the goods when they were damaged; the carrier paying the claim then has the right to pursue recovery from the responsible car- rier. Southeastern Freight Lines-appeals our Claims Group's denial of the firm's claim for funds withheld from Southeastern because of damage to two jet engines delivered

What Is HeinOnline?

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.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most