B-62479, MAR. 21, 1956
Highlights
TO CENTRAL OF GEORGIA RAILWAY COMPANY: REFERENCE IS MADE TO YOUR REQUEST. THIS MATTER WAS THE SUBJECT OF CONSIDERATION IN THE DECISION OF MARCH 4. THE ORIGINAL BILLS OF LADING WERE RECEIPTED FOR BY YOUR AGENT WITH THE CERTIFICATION "PICK-UP SERVICE PERFORMED BY SHIPPER.'. IT IS ALSO TRUE THAT THE BILLS OF LADING HAVE THE WORD "WAS" DELETED IN THE PHRASE "PICK- UP SERVICE AT ORIGIN WAS/WAS NOT BY THE GOVERNMENT.'. IT SEEMS CLEAR THAT THE SPECIFIC CERTIFICATION BY THE AGENT RECEIVING THE SHIPMENT THAT THE PICK-UP SERVICE WAS PERFORMED BY THE SHIPPER. THE FACT THAT THERE IS NO SHOWING THAT THE SHIPMENT. WAS TENDERED TO THE CARRIER AS A SHIPMENT REQUIRING LESS THAN CARLOAD SERVICE. REQUIRES THE CONCLUSION THAT THE CARRIER PERFORMED NO MORE THAN ORDINARY CARLOAD SERVICE FOR WHICH IT IS ENTITLED TO NO MORE THAN CARLOAD RATES.
B-62479, MAR. 21, 1956
TO CENTRAL OF GEORGIA RAILWAY COMPANY:
REFERENCE IS MADE TO YOUR REQUEST, PER FILE NO. N-2306-TG, FOR FURTHER CONSIDERATION OF THE CHARGES ALLOWABLE FOR THE TRANSPORTATION OF TWO CAR LOADS OF COFFEE, WEIGHING 35,700 POUNDS EACH, FROM ATLANTA, GEORGIA, TO FT. BENNING JUNCTION, GEORGIA. THIS MATTER WAS THE SUBJECT OF CONSIDERATION IN THE DECISION OF MARCH 4, 1947, AND JUNE 28, 1950.
AS INDICATED TO YOU IN THE PAST CONSIDERATIONS OF THIS MATTER, THE ORIGINAL BILLS OF LADING WERE RECEIPTED FOR BY YOUR AGENT WITH THE CERTIFICATION "PICK-UP SERVICE PERFORMED BY SHIPPER.' IT IS ALSO TRUE THAT THE BILLS OF LADING HAVE THE WORD "WAS" DELETED IN THE PHRASE "PICK- UP SERVICE AT ORIGIN WAS/WAS NOT BY THE GOVERNMENT.' WHILE THE TWO INSCRIPTIONS ON THE BILL OF LADING, TAKEN TOGETHER, APPEAR TO RESULT IN A CONFLICT OF TERMS WITH RESPECT TO THE ACTUAL METHOD OF TRANSFER AT POINT OF ORIGIN, IT SEEMS CLEAR THAT THE SPECIFIC CERTIFICATION BY THE AGENT RECEIVING THE SHIPMENT THAT THE PICK-UP SERVICE WAS PERFORMED BY THE SHIPPER, AND THE FACT THAT THERE IS NO SHOWING THAT THE SHIPMENT, WEIGHING IN EXCESS OF THE CARLOAD MINIMUM WEIGHT, WAS TENDERED TO THE CARRIER AS A SHIPMENT REQUIRING LESS THAN CARLOAD SERVICE, REQUIRES THE CONCLUSION THAT THE CARRIER PERFORMED NO MORE THAN ORDINARY CARLOAD SERVICE FOR WHICH IT IS ENTITLED TO NO MORE THAN CARLOAD RATES, AS SETTLED.