A-82003, NOVEMBER 30, 1936, 16 COMP. GEN. 542

A-82003: Nov 30, 1936

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TRANSPORTATION - CARLOAD RATES AND MINIMUM WEIGHTS - DEDUCTIONS FOR UNDELIVERED PORTION OF SHIPMENT A CARRIER IS NOT ENTITLED TO PAYMENT OF AMOUNT DEDUCTED AS THE PROPORTIONATE FREIGHT ON THE WEIGHT OF A PORTION OF HOUSEHOLD GOODS WHICH IT FAILED TO DELIVER. NOTWITHSTANDING THE TRANSPORTATION CHARGE AS APPLYING ON THE SHIPMENT WAS ON THE BASIS OF CARLOAD RATE AND MINIMUM WEIGHT. WHEREIN $4.01 WAS DISALLOWED AS CHARGES FOR THE TRANSPORTATION OF A SHIPMENT OF HOUSEHOLD GOODS. UPON ARRIVAL AT LITTLE SILVER THE SHIPMENT WAS DELIVERED. 180 POUNDS WHICH WAS NOT DELIVERED. THEREAFTER THE CARRIER'S SUPPLEMENTAL BILL 499/814A IN THE AMOUNT OF $4.01 WAS PRESENTED AND THIS CLAIM WAS DISALLOWED BY CERTIFICATE T-100202 1/2.

A-82003, NOVEMBER 30, 1936, 16 COMP. GEN. 542

TRANSPORTATION - CARLOAD RATES AND MINIMUM WEIGHTS - DEDUCTIONS FOR UNDELIVERED PORTION OF SHIPMENT A CARRIER IS NOT ENTITLED TO PAYMENT OF AMOUNT DEDUCTED AS THE PROPORTIONATE FREIGHT ON THE WEIGHT OF A PORTION OF HOUSEHOLD GOODS WHICH IT FAILED TO DELIVER, NOTWITHSTANDING THE TRANSPORTATION CHARGE AS APPLYING ON THE SHIPMENT WAS ON THE BASIS OF CARLOAD RATE AND MINIMUM WEIGHT.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, NOVEMBER 30, 1936:

THE NEW YORK AND LONG BRANCH RAILROAD HAS APPLIED FOR REVIEW OF SETTLEMENT T-100202 1/2, OCTOBER 14, 1935, OF THE CARRIER'S BILL 499/814A, WHEREIN $4.01 WAS DISALLOWED AS CHARGES FOR THE TRANSPORTATION OF A SHIPMENT OF HOUSEHOLD GOODS, 10,660 POUNDS, FROM RANDOLPH FIELD, TEX., TO LITTLE SILVER, N.J., UNDER BILL OF LADING WQ 871734, JULY 17, 1934, ROUTED TEXAS AND NEW ORLEANS RAILROAD, GALVESTON, MORGAN LINES AND CONNECTIONS NEW YORK AND LONG BRANCH RAILROAD DELIVERY. UPON ARRIVAL AT LITTLE SILVER THE SHIPMENT WAS DELIVERED, EXCEPT ONE BOX CONTAINING HOUSEHOLD GOODS WEIGHING 180 POUNDS, MAKING A DELIVERED WEIGHT OF 10,480 POUNDS.

THE CARRIER PRESENTED ITS BILL 499/184 IN THE AMOUNT OF $237.60 COMPUTED 12,000 POUNDS AT $1.98 PER 100 POUNDS ON THE BASIS OF THE CARLOAD RATE AND MINIMUM WEIGHT AS MAXIMUM CHARGE FOR THE SHIPMENT AND E. C. MORTON, MAJOR, F.D., DISBURSING OFFICER, WAR DEPARTMENT, PER VOUCHER 10026, NOVEMBER 15, 1934, PAID $233.59, DEDUCTING $4.01 (180/10660 OF $237.60) AS FREIGHT CHARGES ON THE BOX OF HOUSEHOLD GOODS, 180 POUNDS WHICH WAS NOT DELIVERED. THEREAFTER THE CARRIER'S SUPPLEMENTAL BILL 499/814A IN THE AMOUNT OF $4.01 WAS PRESENTED AND THIS CLAIM WAS DISALLOWED BY CERTIFICATE T-100202 1/2, OCTOBER 14, 1935.

IN ITS APPLICATION FOR REVIEW THE CARRIER REQUESTS PAYMENT OF THE $4.01, URGING THAT:

* * * THE MINIMUM WEIGHT ON WHICH CHARGES WERE ASSESSED STILL APPLIES NOTWITHSTANDING THE FACT THAT ONE BOX WEIGHING 180 POUNDS WAS LOST.

WHERE A MINIMUM APPLIES ON THE WEIGHT A DEDUCTION OF 180 POUNDS COULD NOT AFFECT THE CHARGES THAT ACCRUED ON THE SHIPMENT.

THE SHIPMENT WEIGHED 10,600 POUNDS AS RECEIPTED FOR BY THE CARRIER AND HAD THIS WEIGHT BEEN DELIVERED AT DESTINATION THE CARRIER WOULD HAVE BEEN ENTITLED TO PAY FOR THAT WEIGHT, BUT HAVING FAILED TO DELIVER 180 POUNDS, IT IS NOT ENTITLED TO THE PROPORTIONATE FREIGHT ON THE WEIGHT WHICH IT FAILED TO DELIVER. TO PAY CHARGES ON THE UNDELIVERED FREIGHT WOULD ONLY RESULT IN INCREASING THE AMOUNT OF THE VALUE OF THE LOST PROPERTY. SEE PENNSYLVANIA RAILROAD V. OLIVIT BROS., 243 U.S. 574.