B-114472, AUG. 25, 1955

B-114472: Aug 25, 1955

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LDT.: REFERENCE IS MADE TO YOUR LETTERS OF MARCH 25. " AND THAT THE STAINS IN THE RUBBER WERE CAUSED PRIOR TO THE DELIVERY OF THE RUBBER TO YOUR VESSEL FOR TRANSPORTATION. YOU CONTEND THAT SPLINTER AND PAPER ADHERENCE TO THE RUBBER WAS DUE TO THE INHERENT VICE OF THE RUBBER. YOUR PRESENT ALLEGATIONS ARE SUBSTANTIALLY THE SAME AS THOSE PREVIOUSLY CONSIDERED IN THE ABOVE DECISION OF MARCH 16TH. YOU HAVE NOT PRESENTED ANY MATERIAL EVIDENCE SUFFICIENT TO OVERCOME THE PRIMA FACIE CASE OF LIABILITY ARISING FROM YOUR RECEIPT OF THE GOODS IN GOOD ORDER AT THE PORT OF ORIGIN AND THEIR DAMAGED CONDITION UPON DELIVERY AT DESTINATION. ON THIS RECORD WE WOULD NOT BE JUSTIFIED IN ASSUMING THAT THE CARRIER WAS FREE FROM NEGLIGENCE IN TRANSPORTING THE SHIPMENT.

B-114472, AUG. 25, 1955

TO FURNESS, WITHY AND COMPANY, LDT.:

REFERENCE IS MADE TO YOUR LETTERS OF MARCH 25, AND JUNE 3, 1955, WHICH, IN EFFECT, REQUEST THE RECONSIDERATION OF OUR DECISION OF MARCH 16, 1955, B-114472, SUSTAINING THE DEDUCTION OF $160 IN MAKING PAYMENT OF YOUR BILL NO. 1117 IN ORDER TO ADJUST YOUR LIABILITY FOR DAMAGE TO A SHIPMENT OF RUBBER TRANSPORTED ABOARD THE "CINGALESE PRINCE" FROM PENANG, BRITISH MALAYA, TO NEW YORK, NEW YORK, DURING MAY AND JUNE 1951.

YOU URGE THAT THE "DAMAGE DID NOT COME ABOUT DUE TO THE NEGLIGENCE OF THE VESSEL OR IMPROPER STOWAGE," AND THAT THE STAINS IN THE RUBBER WERE CAUSED PRIOR TO THE DELIVERY OF THE RUBBER TO YOUR VESSEL FOR TRANSPORTATION. YOU CONTEND THAT SPLINTER AND PAPER ADHERENCE TO THE RUBBER WAS DUE TO THE INHERENT VICE OF THE RUBBER.

YOUR PRESENT ALLEGATIONS ARE SUBSTANTIALLY THE SAME AS THOSE PREVIOUSLY CONSIDERED IN THE ABOVE DECISION OF MARCH 16TH, AND YOU HAVE NOT PRESENTED ANY MATERIAL EVIDENCE SUFFICIENT TO OVERCOME THE PRIMA FACIE CASE OF LIABILITY ARISING FROM YOUR RECEIPT OF THE GOODS IN GOOD ORDER AT THE PORT OF ORIGIN AND THEIR DAMAGED CONDITION UPON DELIVERY AT DESTINATION.

ON THIS RECORD WE WOULD NOT BE JUSTIFIED IN ASSUMING THAT THE CARRIER WAS FREE FROM NEGLIGENCE IN TRANSPORTING THE SHIPMENT, AND, ACCORDINGLY, THE CONCLUSION REACHED IN THE PREVIOUS DECISION IS REAFFIRMED.

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