B-125278, B-125520, NOV. 14, 1957
Highlights
597.40 ADMINISTRATIVELY DEDUCTED TO REIMBURSE THE GOVERNMENT FOR UNEARNED FREIGHT CHARGES AND THE VALUE OF A QUANTITY OF AIRPLANE LANDING MATS REPORTED TO HAVE BEEN LOST DURING 1943 AND 1944 WHILE BEING TRANSPORTED VIA THE BALTIMORE AND OHIO RAILROAD COMPANY AND THE NORFOLK AND WESTERN RAILWAY COMPANY FROM GUMBO. IS ARBITRARY. WITH THE EXCEPTION OF YOUR STATEMENT THAT WE HAVE DISREGARDED THE FAVORABLE RECOMMENDATIONS OF THE OFFICE OF THE CHIEF OF TRANSPORTATION. THE REASONS AND ALLEGATIONS SUPPORTING YOUR POSITION WERE GIVEN FULL CONSIDERATION. IS SUSTAINED.
B-125278, B-125520, NOV. 14, 1957
TO NORFOLK AND WESTERN RAILWAY COMPANY:
YOUR LETTER OF MAY 20, 1957, FILE NOS. 341225, 579925, AND 987073, REQUESTS, IN EFFECT, RECONSIDERATION OF OUR DECISION OF JANUARY 7, 1957, B -125278, B-125520. IN THAT DECISION WE SUSTAINED THE DISALLOWANCE BY OUR TRANSPORTATION DIVISION OF YOUR CLAIMS FOR $2,698.05, OR 75 PERCENT OF THE TOTAL AMOUNT OF $3,597.40 ADMINISTRATIVELY DEDUCTED TO REIMBURSE THE GOVERNMENT FOR UNEARNED FREIGHT CHARGES AND THE VALUE OF A QUANTITY OF AIRPLANE LANDING MATS REPORTED TO HAVE BEEN LOST DURING 1943 AND 1944 WHILE BEING TRANSPORTED VIA THE BALTIMORE AND OHIO RAILROAD COMPANY AND THE NORFOLK AND WESTERN RAILWAY COMPANY FROM GUMBO, WEST VIRGINIA, TO NORFOLK, VIRGINIA, UNDER GOVERNMENT BILLS OF LADING WT-8389805, WT 1137502, AND WT-1137221. WHILE YOU ACCEDE TO THAT PORTION OF THE DECISION WHICH SUSTAINED THE DISALLOWANCE OF $323.44 CLAIMED UNDER BILL OF LADING WT-8389805 (BECAUSE BARRED BY THE TEN-YEAR STATUTE OF LIMITATIONS, 31 U.S.C. 71A), YOU ALLEGE THAT THE DENIAL OF THE REFUND OF $813.03, CLAIMED ON BILL OF LADING WT-1137502, AND $1,561.58 CLAIMED ON BILL OF LADING WT- 1137221 (EVIDENCE FAILS TO ESTABLISH THE NONLIABILITY OF THE CARRIER), IS ARBITRARY, IMPROPER AND UNJUST, AND YOU NOW CLAIM $3,160.12 ($1,078.01 PLUS $2,082.11), THE TOTAL AMOUNT DEDUCTED ON THOSE BILLS OF LADING.
WITH THE EXCEPTION OF YOUR STATEMENT THAT WE HAVE DISREGARDED THE FAVORABLE RECOMMENDATIONS OF THE OFFICE OF THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, FOR REFUND TO THE CARRIER OF THE AMOUNTS DEDUCTED ON BILLS OF LADING WT-1137502 AND WT-1137221, YOUR LETTER MERELY RESTATES THE POSITION OF CARRIER NONLIABILITY PREVIOUSLY URGED BY YOU IN CORRESPONDENCE WITH OUR OFFICE AND WITH THE DEPARTMENT OF THE ARMY. ARRIVING AT OUR PRIOR DECISION, THE REASONS AND ALLEGATIONS SUPPORTING YOUR POSITION WERE GIVEN FULL CONSIDERATION. WE ALSO CONSIDERED THE FACT THAT, IN EACH INSTANCE, THE FAVORABLE RECOMMENDATION OF THE OFFICE OF THE CHIEF OF TRANSPORTATION FOR REFUND HAD BEEN SPECIFICALLY OVERRULED BY HIGHER AUTHORITY WITHIN THE DEPARTMENT OF THE ARMY.
ACCORDINGLY, FOR THE REASONS GIVEN ABOVE, OUR DECISION OF JANUARY 7, 1957, IS SUSTAINED.