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B-136750, FEB 3, 1959

B-136750 Feb 03, 1959
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R. RODRIGUEZ SANCHEZ: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 3. THESE GOVERNMENT BILLS OF LADING SHOW THAT THE FURNITURE WAS RECEIVED FOR TRANSPORTATION BY YOUR COMPANY AT BROOKLYN IN APPARENT GOOD ORDER AND CONDITION TO BE FORWARDED TO DESTINATION AND DELIVERED IN LIKE GOOD ORDER AND CONDITION. READS AS FOLLOWS: "I CERTIFY THAT I HAVE THIS DAY RECEIVED FROM THE TRANSPORTATION COMPANY NAMED IN THIS CERTIFICATE THE PUBLIC PROPERTY DESCRIBED IN THIS BILL OF LADING IN APPARENT GOOD ORDER AND CONDITION. THAT DELIVERY SERVICE AT DESTINATION WAS NOT BY THE GOVERNMENT OR ITS AGENT.". CONDITION 6 ON THE BACK OF THE GOVERNMENT BILL OF LADING PROVIDES THAT RECEIPT OF THE SHIPMENT WAS MADE SUBJECT TO THE REPORT OF LOSS.

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B-136750, FEB 3, 1959

PRECIS-UNAVAILABLE

MR. R. RODRIGUEZ SANCHEZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 3, 1958, RECLAIMING THE $521 DEDUCTED FOR DAMAGE TO OFFICE FURNITURE WHICH MOVED ABOARD THE S. S. FRANCOS, VOYAGE 159, FROM BROOKLYN, NEW YORK, TO SAN JUAN AND MAYAGUEZ, PUERTO RICO, UNDER GOVERNMENT BILLS OF LADING GS-739333 AND GS-739334.

THESE GOVERNMENT BILLS OF LADING SHOW THAT THE FURNITURE WAS RECEIVED FOR TRANSPORTATION BY YOUR COMPANY AT BROOKLYN IN APPARENT GOOD ORDER AND CONDITION TO BE FORWARDED TO DESTINATION AND DELIVERED IN LIKE GOOD ORDER AND CONDITION. THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON EACH OF THESE BILLS OF LADING, SIGNED BY CARMAN M. ORTES, ADMINISTRATIVE ASSISTANT, U. S. DEPARTMENT OF LABOR, WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS, READS AS FOLLOWS:

"I CERTIFY THAT I HAVE THIS DAY RECEIVED FROM THE TRANSPORTATION COMPANY NAMED IN THIS CERTIFICATE THE PUBLIC PROPERTY DESCRIBED IN THIS BILL OF LADING IN APPARENT GOOD ORDER AND CONDITION, EXCEPT AS NOTED ON THE REVERSE HEREOF, AND THAT DELIVERY SERVICE AT DESTINATION WAS NOT BY THE GOVERNMENT OR ITS AGENT."

CONDITION 6 ON THE BACK OF THE GOVERNMENT BILL OF LADING PROVIDES THAT RECEIPT OF THE SHIPMENT WAS MADE SUBJECT TO THE REPORT OF LOSS, DAMAGE OR SHRINKAGE NOTED ON THE BILL OF LADING. THE BILLS OF LADING IN THIS CASE WERE NOTED BY CARMEN M. ORTEZ, IN THE SPACE PROVIDED FOR REPORT OF LOSS, DAMAGE OR SHRINKAGE, AS FOLLOWS:

BILL OF LADING GS-739333:

"ONE DESK WAS DAMAGED WHEN RECEIVED - HAS LEFT FRONT CORNER OF THE TOP AND METAL TRIMMING DENTED. ALSO, THE TOP SURFACE IN THE SAME CORNER IS TORN."

BILL OF LADING GS-739334:

"NINE DESKS AND EIGHT FILE CABINETS WERE RECEIVED BADLY DAMAGED. REPRESENTATIVE OF THE BULL LINES WAS CALLED IN TO INSPECT THE PROPERTY, AND HE DID SO."

THE GOVERNMENT'S CLAIM WAS REPORTED TO YOUR COMPANY AND, UPON YOUR FAILURE TO REFUND, THE OCEAN CHARGES DUE YOUR COMPANY ON BILL OF LADING GS -739334 WERE REDUCED BY $521 TO COMPENSATE THE GOVERNMENT FOR THE DAMAGE SUSTAINED.

YOU DENY RESPONSIBILITY FOR THE DAMAGE ON THE BASIS THAT THE DAMAGE WAS OF A CONCEALED NATURE CAUSED BY FACTORS AND CONDITIONS BEYOND YOUR CONTROL. YOU SAY THAT IN SPITE OF THE FACT THAT NOTATIONS COVERING THIS DAMAGE WERE MADE ON THE ORIGINAL BILLS OF LADING, YOUR DELIVERY RECORDS CLEARLY INDICATE THAT ALL PACKAGES INCLUDED IN THESE BILLS OF LADING WERE DELIVERED BY YOUR COMPANY TO THE CONSIGNEES IN GOOD ORDER AND CONDITION AND WITHOUT ANY EXCEPTION. TO SUPPORT THIS CONTENTION YOU HAVE FURNISHED WHAT PURPORT TO BE COPIES OF DELIVERY RECEIPTS FOR THE INVOLVED SHIPMENTS.

HOWEVER, YOU HAVE FURNISHED NO RECEIPTS TO COVER BILL OF LADING GS 739333, AND THE COPIES OF THE FOUR RECEIPTS YOU HAVE FURNISHED MAKE NO REFERENCE TO BILL OF LADING GS-739334. TWO OF THE RECEIPTS CONTAIN, IN THE SPACE MARKED "EXCEPTIONS," THE WORDS: "DELIVERED AGAINST ARRIVED PER S/S SUZANNE VOY #153;" AND ONE OF THE RECEIPTS CONTAINS THE WORDS: "ARR. SUZANNE VOY 153." NO EXPLANATION HAS BEEN GIVEN AS TO THE MEANING OF THOSE WORDS. FURTHERMORE, NO SHOWING HAS BEEN MADE BY YOU AS TO THE RESULTS OF THE INSPECTION BY A REPRESENTATIVE OF YOUR LINE OF THE DAMAGE THAT OCCURED TO THE SHIPMENT COVERED BY BILL OF LADING NO. GS-739334.

FROM THIS RECORD IT IS NOT CLEARLY ESTABLISHED THAT THE CARRIER IS FREE FROM LIABILITY. IN THE ABSENCE OF A CLEAR SHOWING THAT THE DAMAGE OCCURRED FROM CAUSES FOR WHICH YOU ARE NOT LIABLE, THE ADJUSTMENT FOR THE DAMAGE MADE BY THE ADMINISTRATIVE OFFICE DOES NOT APPEAR TO BE IN ERROR AND YOUR CLAIM IS NOT ALLOWABLE.

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