B-141906, MAY 11, 1960

B-141906, MAY 11, 1960

THE MASON AND DIXON LINES, INC.:

FURTHER REFERENCE IS MADE TO THE REQUEST IN YOUR LETTER OF FEBRUARY 2, 1960, FOR A REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM UNDER BILL 9112 FOR $69.92 IN ADDITIONAL CHARGES ON THE SHIPMENT TRANSPORTED UNDER BILL OF LADING AF-5777431, DATED JANUARY 10, 1956.

EXAMINATION OF THE PAYMENT RECORD PERTAINING TO THAT SHIPMENT SHOWS THAT YOUR CLAIM IS PREMISED ON THE GREATER CHARGES PROVIDED BY TARIFF IN INSTANCES IN WHICH THE EXCLUSIVE USE OF A VEHICLE IS ORDERED BY THE SHIPPER AND FURNISHED BY THE CARRIER. THE BILL OF LADING COVERING THIS SHIPMENT WHILE BEARING A NOTATION THAT EXCLUSIVE USE OF A TRAILER WAS AUTHORIZED, DOES NOT INDICATE WHETHER OR NOT SUCH SERVICE WAS ACTUALLY RENDERED. RE-EXAMINATION OF THE SHIPPING RECORD, HOWEVER, REVEALS THAT THE SHIPMENT APPARENTLY MOVED THROUGH TO FINAL DESTINATION UNDER THE SEAL APPLIED BY THE CONSIGNOR AT ORIGIN, WHICH SEEMS TO SUBSTANTIATE YOUR CONTENTION THAT EXCLUSIVE USE WAS ACTUALLY FURNISHED. SINCE UNDER THESE CIRCUMSTANCES YOUR CLAIM APPEARS TO BE PROPER, WE ARE INSTRUCTING OUR TRANSPORTATION DIVISION TO ISSUE A REVISED SETTLEMENT AND TO ALLOW PAYMENT OF THE AMOUNT CLAIMED IF OTHERWISE PROPER.

REGARDING FUTURE BILLINGS COVERING SHIPMENTS OF THIS NATURE, HOWEVER, IT IS SUGGESTED THAT IN ADDITION TO THE NOTATION REQUIRED BY THE TARIFF TO BE PLACED ON THE BILL OF LADING TO SHOW CONCLUSIVE USE WAS ORDERED THAT YOU ALSO INCLUDE EVIDENCE THAT SUCH SERVICE WAS ACTUALLY PERFORMED ON THE FREIGHT MOVEMENT. SUCH EVIDENCE WILL BE OF MATERIAL ASSISTANCE TO OUR AUDIT AND WILL ..END :