B-142603, NOV. 3, 1961
Highlights
AF-2266398 WERE LOADED IN ONE TRAILER. REITERATING THAT ONLY ONE TRAILER WAS USED FOR THIS SHIPMENT. WE ARE THUS CONFRONTED WITH A QUESTION OF FACT: WHETHER THE GOODS SHIPPED ON BILL OF LADING NO. AF-2266398 WERE TRANSPORTED IN ONE TRAILER OR IN THREE TRAILERS. THE SHIPPER MAINTAINS THAT ONLY ONE TRAILER WAS USED AND THE CUBIC MEASUREMENT OF THE LOAD. INDICATES THAT ONE TRAILER WOULD HAVE BEEN SUFFICIENT. YOU CONTEND THAT THREE SEPARATE VEHICLES WERE USED. THE EVIDENCE OF THE MANIFESTS AND WAYBILLS IS INSUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS WHICH ATTACHES TO THE ADMINISTRATIVE REPORT THAT ONE TRAILER WAS USED. - SHOW THAT CONSIDERABLE OTHER FREIGHT WAS LOADED INTO THE TRAILERS COVERED THEREBY.
B-142603, NOV. 3, 1961
TO CONSOLIDATED FORWARDING COMPANY:
WE REFER AGAIN TO YOUR LETTERS OF JANUARY 12, 1961, AND FEBRUARY 22, 1961, YOUR FILE CLAIM NO. OC-6233, REQUESTING FURTHER CONSIDERATION OF OUR DECISIONS DATED OCTOBER 3 AND DECEMBER 13, 1960, B/142603.
IN VIEW OF THE CIRCUMSTANCES INDICATED IN THE COPIES OF WAYBILLS RELATING TO BILL OF LADING NO. AF-2266398 WHICH YOU FURNISHED WITH YOUR LETTER OF JANUARY 12, WE UNDERTOOK A FURTHER INVESTIGATION OF THIS SHIPMENT, AND THE SHIPPER HAS AGAIN INFORMED US THAT THE 30 PACKAGES LISTED ON GOVERNMENT BILL OF LADING NO. AF-2266398 WERE LOADED IN ONE TRAILER. WE ENCLOSE ONE COPY EACH OF (1) A LETTER DATED MAY 2, 1961, FROM THE MILITARY TRAFFIC MANAGEMENT AGENCY; (2) A LETTER DATED APRIL 27, 1961, FROM THE GENERAL ELECTRIC COMPANY TO THE MILITARY TRAFFIC MANAGEMENT AGENCY FURNISHING THE DIMENSIONS OF THE 30 PACKAGES COMPRISING THIS SHIPMENT; AND (3) THE GENERAL ELECTRIC COMPANY LETTER OF OCTOBER 17, 1961, TO OUR OFFICE, REITERATING THAT ONLY ONE TRAILER WAS USED FOR THIS SHIPMENT.
WE ARE THUS CONFRONTED WITH A QUESTION OF FACT: WHETHER THE GOODS SHIPPED ON BILL OF LADING NO. AF-2266398 WERE TRANSPORTED IN ONE TRAILER OR IN THREE TRAILERS. THE SHIPPER MAINTAINS THAT ONLY ONE TRAILER WAS USED AND THE CUBIC MEASUREMENT OF THE LOAD, APPROXIMATELY 1,500 CUBIC FEET, INDICATES THAT ONE TRAILER WOULD HAVE BEEN SUFFICIENT. YOU CONTEND THAT THREE SEPARATE VEHICLES WERE USED, OFFERING IN SUPPORT COPIES OF MANIFESTS AND WAYBILLS, THE LATTER REFERRING TO BILL OF LADING NO. AF-2266398, COVERING THREE TRAILERS. THE EVIDENCE OF THE MANIFESTS AND WAYBILLS IS INSUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS WHICH ATTACHES TO THE ADMINISTRATIVE REPORT THAT ONE TRAILER WAS USED, PARTICULARLY IN VIEW OF THE FACT THAT TWO OF THE MANIFESTS--- AS DESIGNATED BY YOU--- SHOW THAT CONSIDERABLE OTHER FREIGHT WAS LOADED INTO THE TRAILERS COVERED THEREBY. AS WE POINTED OUT IN OUR DECISION TO YOU OF DECEMBER 13, 1960, THE SITUATION SUGGESTS THAT YOUR COMPANY CHOSE TO SEPARATE THIS SHIPMENT INTO THREE LOTS TRANSPORTED AT THREE DIFFERENT TIMES RATHER THAN TO FORWARD IT AS TENDERED BY THE SHIPPER, IN ONE LOT FOR TRANSPORTATION IN ONE VEHICLE.
IN THE CIRCUMSTANCES, WE AFFIRM OUR DECISIONS OF OCTOBER 3 AND DECEMBER 13, 1960, WHICH HELD THAT THE GOVERNMENT HERE IS LIABLE FOR FREIGHT CHARGES ONLY TO THE EXTENT CONTEMPLATED IN THE BILL OF LADING CONTRACT AND IN ACCORDANCE WITH THE TARIFF PROVISIONS APPLICABLE, SINCE THE SHIPMENT WAS TENDERED TO THE CARRIER AS ONE LOT FOR TRANSPORTATION IN ONE VEHICLE. THE DEDUCTION OF THE BALANCE OF THE OVERCHARGE, $164.69, IN FEBRUARY 1961, WAS PROPER AND IT IS SUSTAINED.