B-133554, SEP. 19, 1957

B-133554: Sep 19, 1957

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I. WHITTEN TRANSFER CO.: REFERENCE IS MADE TO YOUR REQUEST. THE AMOUNT CLAIMED REPRESENTS ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF FIVE TRUCKLOADS OF EXPLOSIVE AMMUNITION WHICH WERE CONSIGNED. CHARGES FOR THE SERVICES PERFORMED UNDER THESE BILLS OF LADING WERE CLAIMED AND PAID ON YOUR BILL NO. 609. YOUR CLAIM FOR ADDITIONAL CHARGES OF $60.04 WAS BASED ON THE APPLICATION OF A RATE FROM PROVING GROUND. THE SAVANNA ORDNANCE DEPOT HAS REPORTED TO US THAT THESE SHIPMENTS ACTUALLY WERE TENDERED TO. - AND THAT THE SHIPPING POINT ON THE BILLS OF LADING WAS ERRONEOUSLY SHOWN AS PROVING GROUND. PAYMENT IN FULL APPEARS TO HAVE BEEN MADE FOR THE SERVICE ACTUALLY PERFORMED. THE LATTER IS RESPONSIBLE FOR THE CORRECTNESS OF THE INFORMATION SHOWN IN THE BILL OF LADING.

B-133554, SEP. 19, 1957

TO C. I. WHITTEN TRANSFER CO.:

REFERENCE IS MADE TO YOUR REQUEST, PER LETTER OF APRIL 3, 1957, FOR REVIEW OF THE SETTLEMENT DATED MARCH 28, 1957 (TK-639239), IN WHICH WE DISALLOWED YOUR CLAIM, PER BILL NO. 609 SUPPLEMENT 1, FOR ADDITIONAL CHARGES OF $60.04.

THE AMOUNT CLAIMED REPRESENTS ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF FIVE TRUCKLOADS OF EXPLOSIVE AMMUNITION WHICH WERE CONSIGNED--- DURING SEPTEMBER 1953 UNDER FIVE GOVERNMENT BILLS OF LADING-- - TO THE TRANSPORTATION OFFICER, LETTERKENNY ORDNANCE DEPOT, CHAMBERSBURG, PENNSYLVANIA. EACH BILL OF LADING SHOWS THE SHIPPER AS THE "T. O. SAVANNA ORDNANCE DEPOT," AND THE "SHIPPING POINT" AS "PROVING GROUND, ILLINOIS.' CHARGES FOR THE SERVICES PERFORMED UNDER THESE BILLS OF LADING WERE CLAIMED AND PAID ON YOUR BILL NO. 609, BASED ON A RATE OF $2.15 PER HUNDRED POUNDS APPLYING FROM SAVANNA ORDNANCE DEPOT, ILLINOIS--- NOT PROVING GROUND, ILLINOIS- - TO LETTERKENNY ORDNANCE DEPOT, PENNSYLVANIA. YOUR CLAIM FOR ADDITIONAL CHARGES OF $60.04 WAS BASED ON THE APPLICATION OF A RATE FROM PROVING GROUND, ILLINOIS, TO LETTERKENNY ORDNANCE DEPOT, PENNSYLVANIA, OF $2.19 PER HUNDRED POUNDS.

THE SAVANNA ORDNANCE DEPOT HAS REPORTED TO US THAT THESE SHIPMENTS ACTUALLY WERE TENDERED TO, AND ACCEPTED BY, THE ORIGIN CARRIER, THE ROY CARTAGE COMPANY, AT THE SAVANNA ORDNANCE DEPOT ITSELF--- NOT AT PROVING GROUND, ILLINOIS, THE DESIGNATED RAILHEAD FOR THE DEPOT--- AND THAT THE SHIPPING POINT ON THE BILLS OF LADING WAS ERRONEOUSLY SHOWN AS PROVING GROUND, ILLINOIS. THUS, PAYMENT IN FULL APPEARS TO HAVE BEEN MADE FOR THE SERVICE ACTUALLY PERFORMED.

ALTHOUGH SHIPPERS FREQUENTLY PREPARE BILLS OF LADING FOR EXECUTION BY THE CARRIER, THE DUTY OF ISSUING APPROPRIATE BILLS OF LADING RESTS UPON THE CARRIER, AND THE LATTER IS RESPONSIBLE FOR THE CORRECTNESS OF THE INFORMATION SHOWN IN THE BILL OF LADING. EXPOSITION COTTON MILLS V. SOUTHERN RAILWAY COMPANY, 234 I.C.C. 441; SOUTHGATE BROKERAGE COMPANY, INC., 274 I.C.C. 245. IN THE PRESENT CASE, UPON TENDER OF THE SHIPMENT TO, AND ACCEPTANCE BY, THE ORIGINATING CARRIER AT THE SAVANNA ORDNANCE DEPOT, THE CARRIER WAS UNDER A DUTY TO EXECUTE A BILL OF LADING SHOWING THE TRUE POINT OF ORIGIN AND, IF THE BILL OF LADING PREPARED BY THE GOVERNMENT FOR EXECUTION BY THE CARRIER SHOWED AN ERRONEOUS POINT OF ORIGIN, THE CARRIER WAS NEGLIGENT IN FAILING TO MAKE THE NECESSARY CHANGE IN THE BILL OF LADING PRIOR TO THE EXECUTION THEREOF.

ACCORDINGLY, IN THE ABSENCE OF A CLEAR SHOWING THAT THE SUBJECT SHIPMENTS ACTUALLY ORIGINATED AT PROVING GROUND, ILLINOIS, RATHER THAN AT SAVANNA ORDNANCE DEPOT, ILLINOIS, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS, THEREFORE, SUSTAINED.