B-142539, JUN. 7, 1960

B-142539: Jun 7, 1960

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WQ- 3468278 DID NOT INDICATE THAT CARS OF A SPECIFIC SIZE WERE ORDERED BY THE SHIPPER FOR THIS SHIPMENT AND THAT. IS FOR APPLICATION. ENCLOSED IS A COPY OF BILL OF LADING NO. WQ-3468278 WHICH SHOWS THAT 25 FORTY-FOOT CARS WERE ORDERED BY THE SHIPPER AND THAT 25 CARS FORTY FEET OR LONGER WERE FURNISHED BY THE CARRIER. IT SEEMS APPARENT FROM THE INFORMATION IN THE BILL OF LADING THAT THE 25 CARS ORDERED WERE FOR THE 25 CARLOADS OF VEHICLES AND THAT THE EXTRA CAR FURNISHED. - WAS REQUIRED FOR THE CARLOAD OF MILITARY IMPEDIMENTS. THE RATE APPLICABLE TO CARLOAD SHIPMENTS OF MILITARY IMPEDIMENTA IS NOT SUBJECT TO RULE 34. WQ-3468278 SHOWS THAT CARS OF A SPECIFIC SIZE WERE ORDERED BY THE SHIPPER AND SECTION 6 (A) OF RULE 34 PROVIDES.

B-142539, JUN. 7, 1960

TO THE CENTRAL OF GEORGIA RAILWAY COMPANY:

IN YOUR LETTER OF APRIL 6, 1960, FILE N-6153-G-A, YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED FEBRUARY 2, 1960, OUR FILE NO. TK 676620, IN WHICH WE DISALLOWED YOUR CLAIM, PRESENTED ON SUPPLEMENTAL BILL NO. N- 6153-A-G-R-2064, FOR $242.51. THE AMOUNT CLAIMED REPRESENTS THE ADDITIONAL TRANSPORTATION CHARGES ALLEGEDLY DUE FOR THE TRANSPORTATION OF A SHIPMENT OF 25 CARLOADS OF ARMY HALF-TRACK VEHICLES AND ONE CARLOAD OF 40,000 POUNDS OF MILITARY IMPEDIMENTS, FROM LEEDS, SOUTH CAROLINA, TO SAND HILL, GEORGIA, UNDER GOVERNMENT BILL OF LADING NO. WQ-3468278, IN DECEMBER 1941.

THE PRESENT CONTROVERSY CONCERNS THE APPLICATION OF RULE 34 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 14 TO 4 CARS IN THE GROUP OF 26 CARS FURNISHED FOR THE TRANSPORTATION OF THIS SHIPMENT. YOU URGE, BOTH IN YOUR CLAIM AND IN YOUR REQUEST FOR REVIEWS, THAT BILL OF LADING NO. WQ- 3468278 DID NOT INDICATE THAT CARS OF A SPECIFIC SIZE WERE ORDERED BY THE SHIPPER FOR THIS SHIPMENT AND THAT, CONSEQUENTLY, SECTION 7 OF RULE 34, REQUIRING IN SUCH INSTANCES THE USE OF THE MINIMUM WEIGHTS FIXED FOR THE SIZE OF CARS FURNISHED BY THE CARRIER, IS FOR APPLICATION.

ENCLOSED IS A COPY OF BILL OF LADING NO. WQ-3468278 WHICH SHOWS THAT 25 FORTY-FOOT CARS WERE ORDERED BY THE SHIPPER AND THAT 25 CARS FORTY FEET OR LONGER WERE FURNISHED BY THE CARRIER. THE BILL OF LADING ALSO LISTS THE NUMBERS AND INITIALS OF 26 CARS, COMPRISING 25 FLAT CARS AND ONE BOX CAR. IT SEEMS APPARENT FROM THE INFORMATION IN THE BILL OF LADING THAT THE 25 CARS ORDERED WERE FOR THE 25 CARLOADS OF VEHICLES AND THAT THE EXTRA CAR FURNISHED--- A FORTY-FOOT BOX CAR--- WAS REQUIRED FOR THE CARLOAD OF MILITARY IMPEDIMENTS. IN ANY EVENT, THE RATE APPLICABLE TO CARLOAD SHIPMENTS OF MILITARY IMPEDIMENTA IS NOT SUBJECT TO RULE 34.

THUS, BILL OF LADING NO. WQ-3468278 SHOWS THAT CARS OF A SPECIFIC SIZE WERE ORDERED BY THE SHIPPER AND SECTION 6 (A) OF RULE 34 PROVIDES, IN PART, THAT "IF CARRIER IS UNABLE TO FURNISH OPEN CARS OF LENGTH ORDERED, AND FURNISHES LONGER CARS, MINIMUM WEIGHT SHALL BE THAT FIXED FOR CAR FURNISHED * * *.' WE CONCLUDE, THEREFORE, THAT THE TRANSPORTATION CHARGES ON THE 25 CARLOADS OF ARMY HALF-TRACK VEHICLES PROPERLY WERE COMPUTED ON THE BASIS OF THE MINIMUM WEIGHTS FIXED FOR THE SIZE OF CARS ORDERED BY THE SHIPPER.

OUR SETTLEMENT OF FEBRUARY 2, 1960, IS CONSISTENT WITH THE ABOVE CONCLUSION, IS NOT SHOWN TO HAVE BEEN IN ERROR OTHERWISE, AND, ACCORDINGLY, IS SUSTAINED.