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

B-213842 1 (1984-05-15)

handle is hein.gao/gaobadlrw0001 and id is 1 raw text is: THEU COMPTROLLER SENENRAL OEOIIION OP THE UNITEO STATES WASHINGTON. 0 C. 30540 pLSON!-213842 OATE: May 15, 1984 MATTER OF: Overnite Transportation Company-- Reconsideration DIGEST: Where new evidence submitted by carrier establishes that seal applied to shipment at origin was the same seal broken at destination, carrier has established clear seal record, and reasonable presumption arises that no loss occurred in transit. Overnite Transportation Company (OTC) requests reconsideration of our decision in the matter of Overnite Transportation Company, B-213842, February 8, 1984. In that decision, we affirmed our Claims Group (Claims) settlement which denied OTC's claim for reimbursement of $3,904.08. The setoff against OTC was taken by the Department of the Air Force to satisfy a claim for Air Force property allegedly lost during shipment by OTC. Claims concluded that a prima facie case of carrier liability was established since the government bill of lad- ing (GBL) showed that 22 skids had been accepted by OTC for shipment and only 21 skids were delivered by OTC. These facts constituted a prima facie case of carrier liability based on the loading of a specified number of skids and shortage at delivery. See United States v. Seaboard Coast- line Ry., 384 F. Supp. 1103 (1974). We found that the car- rier had not rebutted the prima facie case of carrier lia- bility established by the record. The record showed that a seal had been applied to the vehicle at origin, but the seal number was not recorded on the one GBL copy contained in the Claims file. We noted that OTC's driver also had an opportunity to inspect the shipment at loading. He verified the count and accepted the GBL which specified 22 skids and contained no seal number. Furthermore, the record failed to show that the government requested exclusive use of the vehicle, which would require sealing of the vehicle against theft or loss and damage and the keeping of precise seal records for shipper's load and count which Places on the shipper responsibility for the load and count.

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