B-140805, DEC. 8, 1959

B-140805: Dec 8, 1959

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17. IS A REQUEST FOR REVIEW OF OUR DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES OF $242.50. YOU ORIGINALLY CLAIMED AND WERE PAID FREIGHT CHARGES COMPUTED ON THE BASIS OF A COMBINATION OF LOCAL RATES OF $2.46 PER 100 POUNDS AND $5.28 PER 100 POUNDS APPLYING TO AND BEYOND CINCINNATI. WHICH WAS RECOVERED BY DEDUCTION FROM AMOUNTS OTHERWISE DUE ON A SUBSEQUENT BILL. YOUR CLAIM FOR REFUND OF THE AMOUNT SO DEDUCTED IS BASED UPON THE ALLEGATION THAT THE SHIPMENT WAS TENDERED BY THE TRANSPORTATION OFFICE AT THE JEFFERSON QUARTERMASTER DEPOT TO ZIFFRIN TRUCK LINES. SINCE ZIFFRIN TRUCK LINES WAS NOT A PARTY TO THE SINGLE- FACTOR THROUGH RATE.

B-140805, DEC. 8, 1959

TO HENNIS FREIGHT LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1959, FILE OC-0 -5476, WHICH, IN EFFECT, IS A REQUEST FOR REVIEW OF OUR DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES OF $242.50, ALLEGED TO BE DUE FOR THE TRANSPORTATION OF FREIGHT FROM JEFFERSONVILLE, INDIANA, TO THE TRANSPORTATION OFFICER, FORT BRAGG, NORTH CAROLINA, UNDER GOVERNMENT BILL OF LADING NO. WY-1344931, DATED MARCH 26, 1953.

YOU ORIGINALLY CLAIMED AND WERE PAID FREIGHT CHARGES COMPUTED ON THE BASIS OF A COMBINATION OF LOCAL RATES OF $2.46 PER 100 POUNDS AND $5.28 PER 100 POUNDS APPLYING TO AND BEYOND CINCINNATI, OHIO, PLUS A SIX PERCENT SURCHARGE ON THE LATTER RATE. ON AUDIT OF THE PAYMENT VOUCHER, HOWEVER, WE COMPUTED THE CHARGES ON THE BASIS OF A SINGLE FACTOR THROUGH RATE OF $2.44 PER 100 POUNDS AND A MINIMUM WEIGHT OF 10,000 POUNDS, PLUS SIX PERCENT SURCHARGE, PUBLISHED IN SOUTHERN MOTOR CARRIER RATE CONFERENCE, AGENT'S TARIFF NO. 1-B, MF-I.C.C. 370. OUR AUDIT ACTION RESULTED IN THE DETECTION OF AN OVERPAYMENT OF $242.50, WHICH WAS RECOVERED BY DEDUCTION FROM AMOUNTS OTHERWISE DUE ON A SUBSEQUENT BILL, AS AUTHORIZED IN SECTION 322 OF THE TRANSPORTATION ACT OF 1940, 49 U.S.C. 66.

YOUR CLAIM FOR REFUND OF THE AMOUNT SO DEDUCTED IS BASED UPON THE ALLEGATION THAT THE SHIPMENT WAS TENDERED BY THE TRANSPORTATION OFFICE AT THE JEFFERSON QUARTERMASTER DEPOT TO ZIFFRIN TRUCK LINES, WHICH CARRIER MOVED THE SHIPMENT TO CINCINNATI, OHIO, AND THERE TURNED IT OVER TO THE HENNIS FREIGHT LINES WHICH TRANSPORTED THE SHIPMENT FROM CINCINNATI TO DESTINATION. SINCE ZIFFRIN TRUCK LINES WAS NOT A PARTY TO THE SINGLE- FACTOR THROUGH RATE, YOU CONTEND THAT THE COMBINATION OF SEPARATELY ESTABLISHED LOCAL RATES TO AND BEYOND CINCINNATI IS APPLICABLE.

YOUR BILL NO. 308310, ON WHICH YOU CLAIM THE ALLEGED UNDERCHARGE OF$242.50, BEARS THE FOLLOWING NOTATION:

"UNDERCHARGED AUTHORIZED BY DECISION OF U.S. SUPREME COURT IN CASE NOS. 68 AND 96, T.I.M.E., INCORPORATED V. UNITED STATES OF AMERICA AND DAVIDSON TRANSFER AND STORAGE COMPANY, INC. V. UNITED STATES OF AMERICA, DECIDED MAY 18, 1959.'

IN THE T.I.M.E. AND DAVIDSON CASES, 359 U.S. 464, CITED IN SUPPORT OF YOUR CLAIM, THE UNITED STATES SUPREME COURT HELD THAT A SHIPPER OF GOODS BY A CERTIFIED COMMON CARRIER BY MOTOR VEHICLE COULD NOT CHALLENGE IN POST -SHIPMENT LITIGATION THE REASONABLENESS OF THE CARRIER'S CHARGES WHICH WERE MADE IN ACCORDANCE WITH THE TARIFF GOVERNING THE SHIPMENT. IN THE PRESENT INSTANCE, HOWEVER, THE QUESTION DOES NOT CONCERN THE REASONABLENESS OF THE CHARGES ASSESSED BY THE CARRIER, BUT THEIR APPLICABILITY. CONSEQUENTLY, THE DECISION CITED BY YOU IS NOT PERTINENT.

THE GOVERNMENT BILL OF LADING, WHICH GOVERNS THIS SHIPMENT, SHOWS THE INITIAL TRANSPORTATION COMPANY TO BE HENNIS FREIGHT LINES, INC. THE ROUTING IS SPECIFIED VIA HENNIS FREIGHT LINES, INC., ALONE. THE CERTIFICATE ACKNOWLEDGING RECEIPT OF THE SHIPMENT IS SIGNED BY ONE E. GARRETT, OR E. GASSETT, PURPORTEDLY AS AGENT FOR HENNIS FREIGHT LINES, AND THE CERTIFICATE OF DELIVERY DESIGNATES HENNIS FREIGHT LINES, INC., AS THE DELIVERING CARRIER AT THE POINT OF DESTINATION. CONSEQUENTLY, THE EVIDENCE IN OUR RECORD INDICATES THAT HENNIS FREIGHT LINES TRANSPORTED THIS SHIPMENT FROM ORIGIN TO DESTINATION IN SINGLE-LINE MOVEMENT. THE ONLY INDICATION OF A JOINT MOVEMENT WITH ZIFFRIN TRUCK LINES IS YOUR UNSUPPORTED ALLEGATION. A CARRIER BEARS THE BURDEN OF JUSTIFYING ITS CHARGES (UNITED STATES V. NEW YORK, NEW HAVEN AND HARTFORD R., 355 U.S. 253), AND CLAIMANTS BEFORE THE GENERAL ACCOUNTING OFFICE MUST BEAR THE BURDEN OF PRESENTING EVIDENCE CLEARLY AND SATISFACTORILY PROVING THEIR CLAIMS AND ALL MATTERS INCIDENTAL THERETO REQUISITE TO ESTABLISH THE CLEAR LEGAL LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT. 4 C.F.R.54.5; 31 COMP. GEN. 340, 18 ID. 980.

SINCE NO EVIDENCE HAS BEEN FURNISHED IN SUPPORT OF YOUR CLAIM, AND THE EVIDENCE IN THE RECORD INDICATES THAT ONLY A SINGLE-LINE HAUL WAS PERFORMED AND THAT THE SINGLE-FACTOR THROUGH RATE USED IN OUR AUDIT IS APPLICABLE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

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