B-117623, AUG. 13, 1956
Highlights
TO THE BALTIMORE AND OHIO RAILROAD COMPANY: REFERENCE IS MADE TO OUR DECISION OF SEPTEMBER 21. YOUR ATTENTION WAS INVITED TO PARAGRAPH 10 OF GENERAL REGULATIONS NO. 97. IT WAS EXPLAINED THAT PAYMENT OF TRANSPORTATION CHARGES ON THIS ALLEGED SHIPMENT COULD NOT BE MADE WITHOUT PROOF OF SHIPMENT AND DELIVERY AT DESTINATION. THUS FAR YOU HAVE PRESENTED NO EVIDENCE ESTABLISHING THAT THIS SHIPMENT WAS TRANSPORTED TO DESTINATION AND DELIVERED TO THE CONSIGNEE AT ANNAPOLIS.
B-117623, AUG. 13, 1956
TO THE BALTIMORE AND OHIO RAILROAD COMPANY:
REFERENCE IS MADE TO OUR DECISION OF SEPTEMBER 21, 1955 (B-117623), WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM, PER BILL 488111-A, FOR $38.16 ALLEGED TO BE DUE FOR THE TRANSPORTATION OF A SHIPMENT OF HOUSEHOLD GOODS FROM BOSTON, MASSACHUSETTS, TO THE SUPPLY OFFICER, NAVAL ACADEMY, ANNAPOLIS, MARYLAND, ON BILL OF LADING N-3781947 IN MAY 1944, AND WHICH YOU REQUEST BE RECONSIDERED.
WITH YOUR REQUEST FOR RECONSIDERATION YOU SUBMIT A "FORM OF WAIVER" STATING THAT THE BALTIMORE AND ANNAPOLIS RAILROAD THEREBY "WAIVES AND SURRENDERS ALL ITS RIGHTS TO COLLECT CHARGES FOR TRANSPORTATION, ETC., ACCRUING ON GOVERNMENT BILL OF LADING N-3781947 DATED MAY 1944.' YOU REQUEST THAT OUR OFFICE RECONSIDER YOUR BILL AND ARRANGE FOR PAYMENT.
IN THE DECISION OF SEPTEMBER 21, 1955, YOUR ATTENTION WAS INVITED TO PARAGRAPH 10 OF GENERAL REGULATIONS NO. 97, REVISED, WHICH SETS OUT THE PROCEDURE UNDER WHICH A "CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING" WOULD BE ISSUED FOR USE IN SUPPORTING YOUR CLAIM FOR THESE CHARGES. IT WAS EXPLAINED THAT PAYMENT OF TRANSPORTATION CHARGES ON THIS ALLEGED SHIPMENT COULD NOT BE MADE WITHOUT PROOF OF SHIPMENT AND DELIVERY AT DESTINATION. THUS FAR YOU HAVE PRESENTED NO EVIDENCE ESTABLISHING THAT THIS SHIPMENT WAS TRANSPORTED TO DESTINATION AND DELIVERED TO THE CONSIGNEE AT ANNAPOLIS, MARYLAND.