B-141273, FEB. 10, 1960

B-141273: Feb 10, 1960

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TO MCLEAN TRUCKING COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13. THE BILL OF LADING SHOWS THAT THIS SHIPMENT WAS TENDERED AND ACCEPTED AS 23. YOU CLAIMED AND WERE PAID $727.20 ON JANUARY 8. TO WHICH YOUR FREIGHT INVOICE CORRECTION WAS ATTACHED. YOU CONTEND THAT ADDITIONAL FREIGHT CHARGES OF $126.05 ARE DUE ON THIS SHIPMENT OF 319 BOXES OF "MACHINERY PARTS NOIBN ALUMINUM. FOUR DAYS AFTER THE SHIPMENT WAS TENDERED TO THE ORIGINAL CARRIER. WERE WEIGHED ON A SCALE OF CENTRAL TRUCK LINES. AF-8671225 WAS 23. IS IN NO WAY IDENTIFIED WITH THE SHIPMENT HERE IN QUESTION. THE BILL OF LADING SHOWS THAT THE SHIPMENT WAS LOADED ON TRUCK NO. 837 AT WARNER ROBINS. WAS NOT LOADED ON THE EQUIPMENT SHOWN ON THE WEIGHT TICKET.

B-141273, FEB. 10, 1960

TO MCLEAN TRUCKING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1959, IN WHICH YOU REQUEST A REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR $126.05 ON SUPPLEMENTAL BILL NO. 2302-A.

THE BILL OF LADING SHOWS THAT THIS SHIPMENT WAS TENDERED AND ACCEPTED AS 23,925 POUNDS MOVING UNDER A 24,000-POUND MINIMUM, BY THE BROWN TRANSPORT CORPORATION ON AUGUST 15, 1958, AT WARNER ROBINS, GEORGIA. ALSO THE BILL OF LADING EVIDENCES THE CONSIGNEE, THE PRATT WHITNEY DIVISION, UNITED AIRCRAFT CORPORATION, EAST HARTFORD, CONNECTICUT, ON AUGUST 28, 1958, ACKNOWLEDGED RECEIPT OF THE 23,925 POUNDS. YOU CLAIMED AND WERE PAID $727.20 ON JANUARY 8, 1959, UNDER BILL NO. 2302 ON THE BASIS OF A BILL OF LADING MINIMUM WEIGHT OF 24,000 POUNDS. ON APRIL 28, 1959, APPROXIMATELY EIGHT MONTHS LATER, YOU SUBMITTED A SUPPLEMENTAL BILL FOR $126.05, TO WHICH YOUR FREIGHT INVOICE CORRECTION WAS ATTACHED, ASSERTING THAT THE SHIPMENT WEIGHED 28,160 POUNDS.

YOU CONTEND THAT ADDITIONAL FREIGHT CHARGES OF $126.05 ARE DUE ON THIS SHIPMENT OF 319 BOXES OF "MACHINERY PARTS NOIBN ALUMINUM," BECAUSE THE GOODS WEIGHED 28,160 POUNDS RATHER THAN 23,925 POUNDS, THE WEIGHT SHOWN ON THE BILL OF LADING. TO SUPPORT YOUR CONTENTION YOU SUBMIT A PHOTOSTATIC COPY OF A WEIGHT TICKET, DATED AUGUST 19, 1958, FOUR DAYS AFTER THE SHIPMENT WAS TENDERED TO THE ORIGINAL CARRIER. THE WEIGHT TICKET SHOWS THAT TRACTOR NO. 726 AND A LOADED TRAILER, NO. 8072, WERE WEIGHED ON A SCALE OF CENTRAL TRUCK LINES, INC., 1952 MORELAND AVE., .E., ATLANTA 16, GEORGIA, AND THAT THE SCALE REGISTERED THE FOLLOWING WEIGHTS: FRONT AXLE 7,640 POUNDS, DRIVE 18,000 POUNDS, AND THE TANDEM 24,520 POUNDS. YOU STATE THAT THE TOTAL WEIGHT OF 50,160 POUNDS MINUS THE TRACTOR AND TRAILER WEIGHT OF 22,000 POUNDS INDICATES THE SHIPMENT WEIGHED 28,160 POUNDS.

THE MILITARY TRAFFIC MANAGEMENT AGENCY, ON BEING ASKED TO VERIFY THE WEIGHT OF THE SHIPMENT HOWEVER, REPORTED THAT THE CORRECT WEIGHT OF THE SHIPMENT UNDER GOVERNMENT BILL OF LADING NO. AF-8671225 WAS 23,925 POUNDS. THE SCALE TICKET FURNISHED WITH YOUR LETTER OF NOVEMBER 13, 1959, IS IN NO WAY IDENTIFIED WITH THE SHIPMENT HERE IN QUESTION. THE BILL OF LADING SHOWS THAT THE SHIPMENT WAS LOADED ON TRUCK NO. 837 AT WARNER ROBINS, GEORGIA, ON AUGUST 15, 1958, AND WAS NOT LOADED ON THE EQUIPMENT SHOWN ON THE WEIGHT TICKET, THAT IS, TRACTOR NO. 726 AND TRAILER NO. 8072. ALSO, THE FACT THAT THE SHIPMENT WAS ACCEPTED FOR SHIPMENT ON AUGUST 15, AT WARNER ROBINS, GEORGIA, AND THE WEIGHT TICKET WAS ISSUED AT ATLANTA, APPROXIMATELY 100 MILES AWAY, WOULD INDICATE THAT DIFFERENT SHIPMENTS WERE INVOLVED. MOREOVER, NO VERIFICATION HAS BEEN FURNISHED AS TO THE NET WEIGHT OF THE TRAILER AND TRACTOR. ALSO, ASSUMING THE EQUIPMENT WEIGHED WAS THAT ON WHICH THE SHIPMENT WAS LOADED AT WARNER ROBBINS, THERE IS NOTHING TO SHOW THAT ADDITIONAL FREIGHT MAY NOT HAVE BEEN LOADED THEREIN.

THE WEIGHT OF A SHIPMENT IS A QUESTION OF FACT. THE GOVERNMENT BILL OF LADING IS SO DESIGNED AS TO REQUIRE A REFLECTION OF THE ACTUAL WEIGHT OF THE SHIPMENT AS DETERMINED AT THE POINT OF ORIGIN BY THE CARRIER IN CONNECTION WITH THE TRANSPORTATION SERVICE AND BY THE CONSIGNEE UPON THE RECEIPT OF THE SHIPMENT AT DESTINATION. IN THE CIRCUMSTANCES HERE INVOLVED, THE EVIDENCE OF RECORD DOES NOT SUPPORT YOUR CONTENTION THAT THE SHIPMENT WEIGHED 28,160 POUNDS, THEREFORE, THE WEIGHT OF 23,925 POUNDS AS SHOWN ON BILL OF LADING AF-8671225 MUST BE ACCEPTED AS CORRECT.

ON DISPUTED QUESTIONS OF FACT BETWEEN THE CARRIER AND THE ADMINISTRATIVE OFFICE OF THE GOVERNMENT, THE RULE OF THIS OFFICE IS TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE AS CORRECT, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. COMP. GEN. 51; 15 ID. 253; 16 ID. 410. SUCH EVIDENCE, AS INDICATED ABOVE HAS NOT BEEN FURNISHED.

ACCORDINGLY, THE PRESENT RECORD DOES NOT WARRANT A MODIFICATION OF OUR SETTLEMENT OF OCTOBER 26, 1959, AND THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL NO. 2302-A IS SUSTAINED.