Liability of Carrier for Mobile Home Damage

A carrier company claimed monies which the Department of the Army had withheld from payment because of damages incurred to a mobile home while in the company's possession. The record showed that when the company picked up the mobile home, it was in fair condition, and that upon arrival at the destination, it had various damages. The company asserted that the damage resulted from the inherent vice of the mobile home, stressing its age and quality. The company also stated that the mobile home was not involved in a collision and that the exact facts as to the cause of damage were not known. It was held that the carrier's bare statement that the mobile home was not involved in a collision does not establish that inherent vice was the sole cause of the damage. The law makes the carrier responsible for damage which, may not have been due to its fault, in the absence of proof of facts relieving it of liability. Furthermore, since there was no competent evidence proving the carrier's allegation of inherent vice, or of a lower quantum of damage, the carrier's claim for the amount set off by the Army was not allowed.