B-134791, JUL. 29, 1959
Highlights
TO THE AMERICAN PRESIDENT LINES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 11. YOU CONTEND THAT THE VEHICLE WAS NOT DAMAGED TO THE EXTENT REPORTED BY THE GOVERNMENT AT THE TIME OF ITS DISCHARGE FROM THE VESSEL AT THE PORT OF MANILA. IT BEING YOUR POSITION THAT ONLY THE LEFT FRONT AND REAR FENDERS WERE THEN FOUND TO BE DENTED AND SCRATCHED. YOU HAVE VOLUNTARILY ASSUMED LIABILITY FOR ONLY $28.34 OF THE TOTAL REPORTED LESS AND DAMAGE TO THIS VEHICLE. YOU HAVE SUBMITTED A STATEMENT DATED MAY 21. PURPORTING TO ESTABLISH THAT AT THE TIME THE AUTOMOBILE WAS UNLOADED FROM THE VESSEL. THERE WERE EVIDENCES OF DAMAGE ONLY TO THE VEHICLE'S LEFT FRONT AND REAR FENDERS. THE QUESTION OF THE EXTENT OF THE LOSS OR DAMAGE SUFFERED BY A CARGO WHILE IN TRANSIT IS ONE OF FACT.
B-134791, JUL. 29, 1959
TO THE AMERICAN PRESIDENT LINES:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 11, 1959, REQUESTING RECONSIDERATION OF OUR DECISION OF MARCH 6, 1958 (37 COMP. GEN. 583), WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR REFUND OF $91.51OF THE TOTAL AMOUNT OF $119.85 ADMINISTRATIVELY WITHHELD TO COMPENSATE FOR THE LOSS AND DAMAGE SUSTAINED BY A GOVERNMENT-OWNED CHEVROLET STATION WAGON WHILE IN TRANSIT DURING 1956, FROM JERSEY CITY, NEW JERSEY, TO MANILA, PHILIPPINE ISLANDS, ABOARD THE S.S. PRESIDENT ARTHUR V/18, UNDER GOVERNMENT BILL OF LADING NO. GS-739434.
YOU CONTEND THAT THE VEHICLE WAS NOT DAMAGED TO THE EXTENT REPORTED BY THE GOVERNMENT AT THE TIME OF ITS DISCHARGE FROM THE VESSEL AT THE PORT OF MANILA, IT BEING YOUR POSITION THAT ONLY THE LEFT FRONT AND REAR FENDERS WERE THEN FOUND TO BE DENTED AND SCRATCHED. HENCE, YOU HAVE VOLUNTARILY ASSUMED LIABILITY FOR ONLY $28.34 OF THE TOTAL REPORTED LESS AND DAMAGE TO THIS VEHICLE, REPRESENTING WHAT PURPORTS TO BE AN ESTIMATE OF THE COST OF REPAIRING THE DAMAGE NOTED AT THE TIME OF DISCHARGE. IN SUPPORT OF YOUR POSITION, YOU HAVE SUBMITTED A STATEMENT DATED MAY 21, 1959, FROM THE ACTING CHIEF, ADMINISTRATIVE DEPARTMENT, MANILA PORT SERVICE, ALONG WITH A COPY OF BAD ORDER EXAMINATION REPORT NO. 4947, DATED AUGUST 23, 1956, PURPORTING TO ESTABLISH THAT AT THE TIME THE AUTOMOBILE WAS UNLOADED FROM THE VESSEL, THERE WERE EVIDENCES OF DAMAGE ONLY TO THE VEHICLE'S LEFT FRONT AND REAR FENDERS.
ESSENTIALLY, THE QUESTION OF THE EXTENT OF THE LOSS OR DAMAGE SUFFERED BY A CARGO WHILE IN TRANSIT IS ONE OF FACT, AS TO WHICH THE ACCOUNTING OFFICERS OF THE GOVERNMENT HAVE NO DIRECT OR FIRST-HAND KNOWLEDGE. HENCE, IN CONTROVERSIAL ISSUES OF FACT, SUCH AS WE HAVE HERE, IT HAS BECOME THE INVARIABLE RULE OF OUR OFFICE TO ACCEPT THE CORRECTNESS OF THE FACTS AS REPORTED TO US BY THE ADMINISTRATIVE OFFICIALS OF THE GOVERNMENT, PARTICULARLY IN THE ABSENCE OF EVIDENCE SUFFICIENTLY CONVINCING TO OVERCOME THE PRESUMPTION OF CORRECTNESS WHICH NECESSARILY MUST BE ACCORDED THEM. SEE 20 COMP. GEN. 573, 578; 18 ID. 799; 16 ID. 410; 3 ID. 51.
AS YOU PREVIOUSLY WERE ADVISED IN OUR DECISION OF MARCH 6, 1958, NOT ONLY WAS THE COVERING BILL OF LADING NOTED AT THE TIME TO SHOW A RUBBER FLOOR MATTING AND A GAS-TANK CAP MISSING UPON ARRIVAL OF THE VEHICLE AT MANILA, BUT IT ALSO SHOWS THAT DENTS AND SCRATCHES WERE VISIBLE ON THE BODY AS WELL AS THE FENDERS OF THE AUTOMOBILE. FURTHER, IN AN "OVER, SHORT, AND DAMAGE REPORT," AND ALSO IN AN ADMINISTRATIVE REPORT PREPARED BY THE CONSIGNEE AROUND THE TIME OF DISCHARGE OF THIS CARGO, THE SAID LOSS AND DAMAGE ARE REPORTED SUBSTANTIALLY AS FOLLOWS:
TABLE
MISSING OR DAMAGED COST
1 FRONT FLOOR RUBBER MATTING, MISSING $13.05
1 CAP, GAS, MISSING 1.225
RIGHT REAR TOP CORNER DENTED 18 INCHES BY
2 INCHES DEEP
RIGHT REAR CORNER SLIGHTLY DENTED
LEFT SIDE BODY SCRATCHED AND SLIGHTLY DENTED
LEFT FRONT FENDER DENTED105.575
$119.850
SINCE THE EVIDENCE PRESENTED BY YOU IS NOT DEEMED TO BE SUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS WHICH WE ATTACH TO THE ADMINISTRATIVE STATEMENTS AND THE BILL OF LADING RECORD, YOU ARE ADVISED THAT OUR DECISION OF MARCH 6, 1958, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM, IS AFFIRMED.