B-142342, AUG. 27, 1963
Highlights
TO STRICKLAND SYSTEM: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 23. 250 POUNDS WHICH WERE TRANSPORTED FROM BATON ROUGE. NOTATIONS ON THE BILL OF LADING INDICATE THAT EXCLUSIVE USE OF VEHICLE WAS REQUESTED. THAT THE VEHICLE WAS LOADED TO FULL VISIBLE CAPACITY. THAT SEALS WERE APPLIED AT ORIGIN BY THE CONSIGNOR. 392 CUBIC FEET WAS USED AND THAT THIS SIZE TRAILER WOULD EASILY HOLD SIX MORE CARTONS THAN WERE ACTUALLY SHIPPED SO THAT THE CASE OF CURTIS LIGHTING. YOUR STATEMENT WITH RESPECT TO THE SIZE OF THE TRAILER USED IS NOT SUPPORTED BY ANYTHING IN THE PRESENT RECORD. THIS OFFICE WOULD HAVE TO BE FURNISHED WITH SOME SUBSTANTIAL EVIDENCE IN SUPPORT OF YOUR STATEMENT THAT A 40-FOOT TRAILER WAS USED BEFORE CONSIDERATION WOULD BE GIVEN TO REVERSING OUR PREVIOUS ACTION.
B-142342, AUG. 27, 1963
TO STRICKLAND SYSTEM:
FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 23, 1963, AND APRIL 19, 1963, REQUESTING RECONSIDERATION OF THE DECISION OF JUNE 7, 1960, B- 142342, AND LATER DECISIONS WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES IN THE AMOUNT OF $211.80 PER YOUR SUPPLEMENTAL BILL NO. 6982-A, REPRESENTING THE DIFFERENCE BETWEEN THE TRUCKLOAD RATE AT A MINIMUM WEIGHT OF 24,000 POUNDS, AS ALLOWED IN THE AUDIT OF THIS ACCOUNT, AND THE EXCLUSIVE-USE-OF-VEHICLE CHARGES ON A SHIPMENT OF 30 CARTONS OF MILITARY TARGETS, SET-UP, WEIGHING 2,250 POUNDS WHICH WERE TRANSPORTED FROM BATON ROUGE, LOUISIANA, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, UNDER GOVERNMENT BILL OF LADING NO. AF 5422294, DATED MAY 8, 1957. NOTATIONS ON THE BILL OF LADING INDICATE THAT EXCLUSIVE USE OF VEHICLE WAS REQUESTED, THAT THE VEHICLE WAS LOADED TO FULL VISIBLE CAPACITY, AND THAT SEALS WERE APPLIED AT ORIGIN BY THE CONSIGNOR.
IN YOUR PRESENT LETTER YOU CONTEND THAT A 40-FOOT TRAILER WITH A CAPACITY OF 2,392 CUBIC FEET WAS USED AND THAT THIS SIZE TRAILER WOULD EASILY HOLD SIX MORE CARTONS THAN WERE ACTUALLY SHIPPED SO THAT THE CASE OF CURTIS LIGHTING, INC. V. MID-STATES FREIGHT LINES, INC., 303 I.C.C. 576, HAS NO BEARING ON THE SERVICE RENDERED. HOWEVER, YOUR STATEMENT WITH RESPECT TO THE SIZE OF THE TRAILER USED IS NOT SUPPORTED BY ANYTHING IN THE PRESENT RECORD. NEITHER THE BILL OF LADING INVOLVED NOR THE RECORDS HERE SHOW THE SIZE OR DIMENSIONS OF TRAILER (NO. T-1020) ACTUALLY USED IN THIS SHIPMENT. THIS OFFICE WOULD HAVE TO BE FURNISHED WITH SOME SUBSTANTIAL EVIDENCE IN SUPPORT OF YOUR STATEMENT THAT A 40-FOOT TRAILER WAS USED BEFORE CONSIDERATION WOULD BE GIVEN TO REVERSING OUR PREVIOUS ACTION.
THEREFORE, IN THE ABSENCE OF EVIDENCE TO SUPPORT YOUR STATEMENT THAT A 40 -FOOT TRAILER WAS ACTUALLY USED, THE PRIOR DECISIONS IN THIS MATTER ARE AFFIRMED.