B-123649, DEC. 16, 1955
Highlights
HAVE BEEN RECEIVED. WHICH WAS CONSIDERED IN ARRIVING AT THIS DECISION. THE GRATUITOUS INFORMATION CONCERNING WEIGHT WHICH SHIPPERS FURNISH IS FREQUENTLY ACCEPTED AND USED BY CARRIERS IN COMPUTING CHARGES. KNOWLEDGE OF THE CORRECT WEIGHT IS ESSENTIAL ALSO BECAUSE MOST LOCALITIES HAVE HIGHWAY MAXIMUM WEIGHT LAWS WHICH THE CARRIERS MUST OBSERVE. SINCE THERE IS NOTHING TO WARRANT CHANGE OR MODIFICATION OF OUR DECISION OF DECEMBER 1. IT IS AFFIRMED.
B-123649, DEC. 16, 1955
TO J. C. STONE, PRESIDENT, VIRGINIA-CAROLINA FREIGHT LINES, INC.:
YOUR LETTERS OF DECEMBER 5 AND 8, 1955, RELATIVE TO OUR DECISION OF DECEMBER 1, 1955, B-123649, HAVE BEEN RECEIVED. THE RECORD OF YOUR BILL 14004, WHICH WAS CONSIDERED IN ARRIVING AT THIS DECISION, CONTAINED A COPY OF THE NAVAL SHIPYARD LETTER OF NOVEMBER 27, 1953.
WE RECOGNIZE THE FACT THAT, AS A PRACTICAL MATTER, THE GRATUITOUS INFORMATION CONCERNING WEIGHT WHICH SHIPPERS FURNISH IS FREQUENTLY ACCEPTED AND USED BY CARRIERS IN COMPUTING CHARGES. HOWEVER, THE LAW DOES PLACE ON THE CARRIERS THE OBLIGATION OF ASCERTAINING THE CORRECT WEIGHT FOR USE IN THE ASSESSMENT OF THE LAWFUL CHARGES. KNOWLEDGE OF THE CORRECT WEIGHT IS ESSENTIAL ALSO BECAUSE MOST LOCALITIES HAVE HIGHWAY MAXIMUM WEIGHT LAWS WHICH THE CARRIERS MUST OBSERVE.
SINCE THERE IS NOTHING TO WARRANT CHANGE OR MODIFICATION OF OUR DECISION OF DECEMBER 1, 1955, IT IS AFFIRMED.