A-5604, DECEMBER 24, 1924, 4 COMP. GEN. 562

A-5604: Dec 24, 1924

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IS ONLY ENTITLED TO FREIGHT CHARGES FOR THE GOODS ACTUALLY DELIVERED TO THE ADDRESSEE. NOTWITHSTANDING THE ENTIRE SHIPMENT WAS DELIVERED BY THE STEAMSHIP LINE TO LIGHTERS AT THE PORT OF DESTINATION AND A PORTION OF THE GOODS WAS DESTROYED BY STORM. COMMANDER SEARS CERTIFIES AS FOLLOWS: * * * THIS SHIPMENT WAS UNLOADED FROM THE SHIP INTO LIGHTERS FOR FURTHER TRANSFER TO THE CUSTOMS HOUSE. FORTY-SEVEN (47) PACKAGES WERE PLACED IN GRACE LINE LIGHTER NO. 19. THE REMAINING TEN (10) PACKAGES WERE PLACED IN A SECOND LIGHTER. THESE LIGHTERS WERE THEN MOORED OUT IN THE VALPARAISO HARBOR. LIGHTER NO. 19 WAS DAMAGED BY THE TALTAL. THE LIGHTER WAS APPARENTLY TAKEN ALONGSIDE OF THE DOCK TO REMOVE SOME OF ITS CARGO.

A-5604, DECEMBER 24, 1924, 4 COMP. GEN. 562

TRANSPORTATION - FREIGHT CHARGES - SHORTAGE IN DELIVERY A STEAMSHIP LINE TRANSPORTING HOUSEHOLD GOODS OF A NAVAL OFFICER FROM NEW YORK, N.Y. TO VALPARAISO, CHILE, ON A GOVERNMENT BILL OF LADING, WHICH REQUIRED DELIVERY TO A SPECIFIED ADDRESSEE AT DESTINATION, IS ONLY ENTITLED TO FREIGHT CHARGES FOR THE GOODS ACTUALLY DELIVERED TO THE ADDRESSEE, NOTWITHSTANDING THE ENTIRE SHIPMENT WAS DELIVERED BY THE STEAMSHIP LINE TO LIGHTERS AT THE PORT OF DESTINATION AND A PORTION OF THE GOODS WAS DESTROYED BY STORM.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 24, 1924:

THE GRACE LINE (INC.) APPLIED PER LETTER OF SEPTEMBER 30, 1924, FOR REVIEW OF SETTLEMENT T-10086-N, SEPTEMBER 17, 1924, IN DISALLOWING $451.20 ON ITS CLAIM FOR $518.40 FOR TRANSPORTATION FROM NEW YORK, N.Y., TO VALPARAISO, CHILE, PER BILL OF LADING N-226493, JUNE 14, 1923, OF 57 PACKAGES, 864 CUBIC FEET OF HOUSEHOLD GOODS WEIGHING 8,286 POUNDS RECEIVED BY THE GRACE LINE STEAMER SANTA LUISA AT NEW YORK FOR FORWARDING TO COMMANDER A. W. SEARS, U.S.N., NAVAL ATTACHE, SANTIAGO, CHILE, CARE OF UNITED STATES CONSUL, VALPARAISO, CHILE. THIS SHIPMENT ARRIVED AT VALPARAISO, CHILE, ABOUT THE 4TH OR 5TH OF JULY, 1923.

COMMANDER SEARS CERTIFIES AS FOLLOWS:

* * * THIS SHIPMENT WAS UNLOADED FROM THE SHIP INTO LIGHTERS FOR FURTHER TRANSFER TO THE CUSTOMS HOUSE.

FORTY-SEVEN (47) PACKAGES WERE PLACED IN GRACE LINE LIGHTER NO. 19. THE REMAINING TEN (10) PACKAGES WERE PLACED IN A SECOND LIGHTER; NUMBER UNKNOWN. THESE LIGHTERS WERE THEN MOORED OUT IN THE VALPARAISO HARBOR. IN ONE OF THE WINTER STORMS, WHICH BROKE ABOUT THE 6TH OR 7TH OF JULY, 1923, LIGHTER NO. 19 WAS DAMAGED BY THE TALTAL, A CHILEAN STEAMSHIP, WHICH DRAGGED HER ANCHOR IN THE STORM AND IN GETTING UNDER WAY DAMAGED LIGHTER 19 SO THAT IT COMMENCED TO TAKE WATER. THE LIGHTER WAS APPARENTLY TAKEN ALONGSIDE OF THE DOCK TO REMOVE SOME OF ITS CARGO, BUT MY GOODS WERE NOT REMOVED DUE TO CONTINUING BAD WEATHER. THE LIGHTER WAS AGAIN MOORED OUT IN VALPARAISO HARBOR. IN A SECOND STORM WHICH BLEW UP THE 14TH AND 15TH OF JULY, THIS DAMAGED LIGHTER, STILL CONTAINING MY GOODS, SANK IN 40 FATHOMS OF WATER AND GOODS WERE LOST.

THE 47 PACKAGES LOST MEASURED 752 CUBIC FEET, WEIGHING 7,370 POUNDS. THE 10 PACKAGES DELIVERED MEASURED 112 CUBIC FEET, WEIGHING 916 POUNDS. THE COMPANY CLAIMED $0.60 A CUBIC FOOT FOR 864 CUBIC FEET EMBRACED IN THE SHIPMENT. THE ALLOWANCE WAS MADE ON THE BASIS OF THE GOODS ACTUALLY DELIVERED, 112 CUBIC FEET AT $0.60 PER CUBIC FOOT.

THE COMPANY IN ITS APPLICATION FOR REVIEW CONTENDS AS FOLLOWS:

* * * THE VESSEL REPORTS COMPLETE DELIVERY AT VALPARAISO WITH THE FOLLOWING EXCEPTIONS, 2 CASES NO. 29/30, 1 BALE NO. 52, BROKEN, PART CONTENTS LOST OVERBOARD.

WE ARE FURTHER ADVISED THAT THIS BREAKAGE WAS CAUSED BY HEAVY SEAS, ROLLING THE SHIP AND LIGHTERS IN VALPARAISO HARBOR. A MARINE PROTEST WAS EXTENDED BY THE MASTER AT IQUIQUE, CHILE, JULY 14TH, 1923.

YOU ARE AWARE THAT THE STEAMSHIP COMPANY IS NOT RESPONSIBLE FOR LOSSES UNDER SUCH CIRCUMSTANCES, AND ANY LOSS INCURRED SHOULD BE COLLECTED FROM THE INSURANCE COMPANY CARRYING THE MARINE RISK.

AS THIS ENTIRE SHIPMENT WAS CARRIED TO DESTINATION AND FREIGHT EARNED, WE WOULD THANK YOU TO SEND US ADDITIONAL WARRANT FOR $451.20 TO COVER THE BALANCE DUE.

THE CLAIMANT IN RESPONSE TO REQUEST OF THIS OFFICE OF NOVEMBER 15, 1924, FOR THE ORIGINAL BILL OF LADING ISSUED FOR THIS SHIPMENT ADVISED THAT THE ORIGINAL SIGNED AND COMPLETED BILL OF LADING, GOVERNMENT NUMBER 226493, HAD BEEN FORWARDED TO THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, WASHINGTON, D.C. THE SAID BILL OF LADING FILED WITH THE ACCOUNT NOW BEFORE THIS OFFICE BEING THE CONTRACT OF CARRIAGE IN THIS CASE, STIPULATED DELIVERY TO COMMANDER A. W. SEARS, UNITED STATES NAVAL ATTACHE, SANTIAGO, CHILE, CARE OF UNITED STATES CONSUL, VALPARAISO, CHILE. THE PLACING OF THE GOODS ON THE LIGHTERS WAS NOT DELIVERY CONTEMPLATED BY THE BILL OF LADING.

IT IS THE GENERAL PROPOSITION THAT THE SHIP'S OWNER HAS THE RIGHT TO RECEIVE PAYMENT OF FREIGHT WHEN THE GOODS HAVE BEEN CARRIED TO THE PORT OF DESTINATION AND THERE READY TO BE DELIVERED. HOWEVER, WHEN THE UNDERTAKING OF A SHIP OWNER IS TO DELIVER GOODS TO CERTAIN INDICATED PERSONS HE CAN NOT DISCHARGE THAT OBLIGATION IN ANY WAY SHORT OF DELIVERING THE GOODS TO THE PERSONS INDICATED. SEE CARVER ON "CARRIAGE OF GOODS BY SEA," SECTIONS 567 AND 483. THIS DELIVERY WAS NOT EFFECTED EXCEPT AS TO THE PORTION OF GOODS FOR WHICH ALLOWANCE OF FREIGHT HAS BEEN MADE, SUPRA, BEING THE FULL AMOUNT EARNED ACCORDING TO THE CONTRACT. THERE IS NOTHING DUE AS FREIGHT ON GOODS NOT DELIVERED.

THE QUESTION OF RESPONSIBILITY OF THE CARRIER FOR THE LOSS IS NOT NOW BEFORE THIS OFFICE AND IS NOT CONSIDERED.