B-148339, SEP. 12, 1962
Highlights
TO ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR LETTER OF JULY 5. THAT THE SHIPMENTS THEREON WERE DESTINED FOR EXPORT. YOUR PRESENT SUBMISSION CONTAINS NOTHING WHICH WAS NOT CONSIDERED IN OUR DECISION OF APRIL 19. THE QUESTION OF WHETHER THE YAZOO AND MISSISSIPPI VALLEY RAILROAD COMPANY PERFORMED THE SERVICE FOR WHICH YOU CLAIMED CHARGES OR THAT SUCH CARRIER PAID A CONTRACTOR WHO PERFORMED SUCH SERVICE AT THE REQUEST OF THE GOVERNMENT IS ONE OF FACT. IT IS WELL ESTABLISHED THAT PERSONS CLAIMING AGAINST THE UNITED STATES MUST ESTABLISH CLEARLY THE FACTS ON WHICH THEIR CLAIMS ARE BASED AND THE BURDEN IMPOSED BY THAT RULE MUST BE MET SQUARELY IN EACH CASE IN ORDER TO JUSTIFY THE ACCOUNTING OFFICERS IN CERTIFYING SUCH CLAIMS FOR PAYMENT.
B-148339, SEP. 12, 1962
TO ILLINOIS CENTRAL RAILROAD:
REFERENCE IS MADE TO YOUR LETTER OF JULY 5, 1962, FILE G-WQ-15719 BG, REQUESTING THE FURTHER CONSIDERATION OF OUR DECISION OF APRIL 19, 1962, B- 148339, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM AS SUCCESSOR IN INTEREST TO THE YAZOO AND MISSISSIPPI VALLEY RAILROAD COMPANY, FOR $136.26 IN ADDITION TO THE AMOUNTS PREVIOUSLY ALLOWED FOR THE TRANSPORTATION OF FOUR SHIPMENTS, TWO FROM BATON ROUGE, LOUISIANA, TO WESTWEGO, LOUISIANA, UNDER BILLS OF LADING NOS. WV-8475763 AND WV 8475751, IN APRIL 1945, AND TWO FROM FORT WORTH, TEXAS, TO NEW ORLEANS, LOUISIANA, UNDER BILLS OF LADING NOS. WT-6868350 AND WT 6866802, IN APRIL AND MARCH, 1945. ALL FOUR BILLS OF LADING SHOW THE CONSIGNEE AS THE PORT TRANSPORTATION OFFICER, NEW ORLEANS PORT OF EMBARKATION, AND THAT THE SHIPMENTS THEREON WERE DESTINED FOR EXPORT. SPECIFICALLY YOUR CLAIM CONCERNS CERTAIN TERMINAL HANDLING CHARGES ALLEGED TO BE DUE YOU ON THESE SHIPMENTS.
YOUR PRESENT SUBMISSION CONTAINS NOTHING WHICH WAS NOT CONSIDERED IN OUR DECISION OF APRIL 19, 1962, B-148339, TO YOU. THE QUESTION OF WHETHER THE YAZOO AND MISSISSIPPI VALLEY RAILROAD COMPANY PERFORMED THE SERVICE FOR WHICH YOU CLAIMED CHARGES OR THAT SUCH CARRIER PAID A CONTRACTOR WHO PERFORMED SUCH SERVICE AT THE REQUEST OF THE GOVERNMENT IS ONE OF FACT. IT IS WELL ESTABLISHED THAT PERSONS CLAIMING AGAINST THE UNITED STATES MUST ESTABLISH CLEARLY THE FACTS ON WHICH THEIR CLAIMS ARE BASED AND THE BURDEN IMPOSED BY THAT RULE MUST BE MET SQUARELY IN EACH CASE IN ORDER TO JUSTIFY THE ACCOUNTING OFFICERS IN CERTIFYING SUCH CLAIMS FOR PAYMENT.
THE MERE FACT THAT THE RECORDS AT THE KANSAS CITY RECORD CENTER INDICATE THAT THESE FOUR SHIPMENTS WERE DELIVERED TO OTHER THAN ARMY WHARVES FOR UNLOADING AND EXPORTATION DOES NOT ESTABLISH THE FACT THAT THE YAZOO AND MISSISSIPPI VALLEY RAILROAD COMPANY WAS REQUESTED BY THE ARMY TO UNLOAD THE SHIPMENTS. THE REPORT OF THE PORT TRANSPORTATION OFFICER, NEW ORLEANS PORT OF EMBARKATION, IS TO THE EFFECT THAT THERE ARE NO RECORDS AT FACILITY WHICH WOULD SUPPORT YOUR CLAIM. FURTHER THAT THE RECOLLECTION OF PERSONS FAMILIAR WITH THESE OPERATIONS IS THAT "ALL CAR UNLOADING WAS PERFORMED BY GOVERNMENT PERSONNEL" AT THE WHARVES HERE INVOLVED, EXCEPT THOSE CARS THAT MOVED AT RATES THAT INCLUDED UNLOADING BY TRUNK LINE CARRIERS. THE REPORT OF T. SMITH AND SONS, INC., IS THAT IT HAS NO RECORD TO SUBSTANTIATE YOUR CLAIM, BUT THAT IT IS ITS RECOLLECTION THAT "ALL PAYMENTS WERE MADE TO OUR COMPANY BY THE RAIL CARRIERS.' A MERE RECOLLECTION OF AN EVENT HAPPENING 16 YEARS PREVIOUSLY IS NOT SUFFICIENT TO WARRANT OUR CERTIFYING YOUR CLAIM FOR PAYMENT. SEE CHARLES V. UNITED STATES, 19 CT.CL. 316 AT 319.