B-143425, SEP. 1, 1960

B-143425: Sep 1, 1960

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ACCOUNTING DEPARTMENT: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 30. YOU ALLEGE THAT THIS SHIPMENT WAS LOADED AT THE GOVERNMENT INSTALLATION AT ORIGIN AND THAT SEALS WERE PLACED ON THE CAR BY THE GOVERNMENT PERSONNEL THUS PREVENTING THE INITIAL CARRIER FROM LOADING ADDITIONAL FREIGHT IN THE CAR USED. THE ORIGINAL BILL OF LADING BORE THE FOLLOWING NOTATION: "SL AND C SEALS: L AND N 561246-47-48 APPLIED BY SHIPPER WHILE STILL IN HIS POSSESSION TENDERED AS LCL SHIPMENT" THE FACT THAT THIS SHIPMENT WAS LOADED BY THE SHIPPER AT ORIGIN AND THAT SEALS WERE APPLIED TO THE CAR BEFORE IT WAS SWITCHED AWAY FROM THE SHIPPER'S PLANT DOES NOT MEAN THAT THE CARRIERS WERE OBLIGATED TO CARRY THIS SHIPMENT THROUGH TO DESTINATION WITHOUT BREAKING THE SEALS OR LOADING ADDITIONAL FREIGHT INTO THE CAR.

B-143425, SEP. 1, 1960

TO CENTRAL OF GEORGIA RAILWAY COMPANY, ACCOUNTING DEPARTMENT:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 30, 1960, FILE N- 36983-G-A, IN WHICH YOU REQUESTED A REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL REVENUE IN THE AMOUNT OF $59.82 FOR THE TRANSPORTATION OF TWO CRATES OF GLIDERS, WEIGHT 4,508 POUNDS, PLUS DUNNAGE, 125 POUNDS, FROM GAIRD, ALABAMA, TO ARLES, GEORGIA, COVERED BY GOVERNMENT BILL OF LADING NUMBER WV-1372987, DATED APRIL 26, 1945. YOU ALLEGE THAT THIS SHIPMENT WAS LOADED AT THE GOVERNMENT INSTALLATION AT ORIGIN AND THAT SEALS WERE PLACED ON THE CAR BY THE GOVERNMENT PERSONNEL THUS PREVENTING THE INITIAL CARRIER FROM LOADING ADDITIONAL FREIGHT IN THE CAR USED, AND THAT THEREFORE, THE CARLOAD RATE MUST BE APPLIED. WE CANNOT AGREE WITH THAT CONCLUSION.

THE ORIGINAL BILL OF LADING BORE THE FOLLOWING NOTATION:

"SL AND C

SEALS: L AND N 561246-47-48 APPLIED BY SHIPPER WHILE STILL IN HIS POSSESSION

TENDERED AS LCL SHIPMENT"

THE FACT THAT THIS SHIPMENT WAS LOADED BY THE SHIPPER AT ORIGIN AND THAT SEALS WERE APPLIED TO THE CAR BEFORE IT WAS SWITCHED AWAY FROM THE SHIPPER'S PLANT DOES NOT MEAN THAT THE CARRIERS WERE OBLIGATED TO CARRY THIS SHIPMENT THROUGH TO DESTINATION WITHOUT BREAKING THE SEALS OR LOADING ADDITIONAL FREIGHT INTO THE CAR. AS A MATTER OF FACT, SUCH A CONCLUSION IS NEGATIVED BY THE NOTATION ON THE FACE OF THE BILL OF LADING TO THE EFFECT THAT THE SHIPMENT AS "TENDERED AS LCL SHIPMENT.' THE CUBIC DIMENSIONS OF THE TWO CRATES WERE NOT SHOWN ON THE BILL OF LADING, BUT THE FACT THAT SAID TWO CRATES HAD A COMBINED ACTUAL WEIGHT OF ONLY 4,631 POUNDS, INCLUDING DUNNAGE, WOULD SEEM TO INDICATE THAT THIS SHIPMENT DID NOT OCCUPY ALL OF THE AVAILABLE LOADING SPACE IN THE CAR INTO WHICH THE SHIPMENT WAS LOADED BY THE SHIPPER. THE FURTHER FACT THAT THE NOTATION ,TENDERED AS LCL SHIPMENT" WAS PLACED ON THE BILL OF LADING WAS A CLEAR NOTICE TO THE CARRIER THAT CARLOAD SERVICE WAS NOT REQUESTED OR DESIRED AND THAT THE SHIPPER HAD NO OBJECTIONS IF ADDITIONAL FREIGHT SHOULD BE LOADED INTO THE CAR.

UNDER THE CIRCUMSTANCES, THE AUDIT ACTION OF TRANSPORTATION DIVISION WHICH REDUCED THE CHARGES TO THOSE APPLICABLE ON A LESS-THAN CARLOAD SHIPMENT, AND THE DISALLOWANCE OF YOUR COMPANY'S SUPPLEMENTAL BILL FOR ADDITIONAL CHARGES BASED UPON RATING THE SHIPMENT AS A CARLOAD SHIPMENT, APPARENTLY WAS PROPER AND IS SUSTAINED.