Reconsideration of Disallowance of Claim for Refund of Moneys Collected by Set-Off for Damage to Mobile Home

The protester requested reconsideration of a decision which disallowed its claim for refund of money which the government as a subrogee collected by setoff for damage to a mobile home being transported by the carrier. The carrier alleged that the mobile home manufacturer, rather than the carrier, should have been held liable for the damage and that the government should not have paid the employee's claim for damages to his mobile home. Under specific legislation, the carrier is liable for all damage to goods transported by it, unless it affirmatively shows that the damage was occasioned by specific other parties or forces not applicable here. In any case, it would be impossible to hold the manufacturer liable as it was not a party to the bill of lading contract. Legislation under which the payment was made specified that the claim is eligible for payment if it is substantiated and is not caused by negligent or wrongful acts by the claimant.