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Carrier Liability for Damaged Delivery

B-185283 Jun 22, 1978
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Highlights

A carrier requested review of the disallowance of its claim for an amount set off by the Government to satisfy the Government's claim for damage. A delivery receipt signed without exception did not prevent proof of damage by other means. Since the record showed that the engine was received by the carrier in good condition and arrived at its destination damaged, a prima facie case of carrier liability was established which put the burden of proof upon the carrier. The correction of a bill of lading to properly classify the engine, which resulted in carrier liability for the actual cost of repair, was valid since it remedied a discrepancy in fact. If the released valuation provision were applicable, the carrier would still be liable for the damaged engine's actual cost of repair.

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