B-142671, AUG. 17, 1960
Highlights
TO WILSON FREIGHT FORWARDING CO.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 19. YOU INITIALLY CLAIMED AND WERE PAID THE SUM OF $235.40. THE CHARGES ALLOWED IN OUR SETTLEMENT WERE THOSE COMPUTED ON A LESS-THAN-TRUCK LOAD BASIS. IN THIS RESPECT WAS DEFINITELY A LESS-THAN- TRUCKLOAD QUANTITY. THE QUESTION WHETHER THE SHIPMENT FILLED TO CAPACITY THE VEHICLE INTO WHICH IT WAS LOADED. IS ONE OF FACT WHICH THE RECORD BEFORE US DOES NOT RESOLVE. THERE IS NOTHING IN THE RECORD HERE TO SHOW THAT THE SHIPMENT CONSISTED OF A CAPACITY LOAD OF FREIGHT WITHIN THE MEANING OF THE CAPACITY LOAD RULE IN THE TARIFF AND SINCE THE BURDEN IS ON THE CLAIMANT TO PROVE THE FACTS NECESSARY TO ESTABLISH ENTITLEMENT TO THE CHARGES CLAIMED.
B-142671, AUG. 17, 1960
TO WILSON FREIGHT FORWARDING CO.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 19, 1960, WHEREIN YOU REQUESTED REVIEW OF OUR SETTLEMENT DATED MARCH 25, 1960, CLAIM NO. TK- 681818, WHICH DISALLOWED YOUR CLAIM FOR $80.87, YOUR BILL NO. 2089 A. THE SHIPMENT IN QUESTION CONSISTED OF FOUR BOXES OF EMPTY ROCKET HEADS, WEIGHING 7,688 POUNDS, AND MOVED FROM WASHINGTON PARK, ILLINOIS, TO FORT ESTILL, KENTUCKY, IN APRIL 1955, UNDER BILL OF LADING WY-3719908. FOR THIS SERVICE, YOU INITIALLY CLAIMED AND WERE PAID THE SUM OF $235.40, THE MINIMUM CHARGE FOR A CAPACITY LOAD OF FREIGHT OF THIS KIND, AS PROVIDED IN ITEM NO. 4550 OF CENTRAL AND SOUTHERN MOTOR FREIGHT TARIFF ASSOCIATION TARIFF NO. 100, MF-I.C.C. NO. 117. THE CHARGES ALLOWED IN OUR SETTLEMENT WERE THOSE COMPUTED ON A LESS-THAN-TRUCK LOAD BASIS.
THE SHIPMENT IN QUESTION WEIGHED 7,688 POUNDS, CONSIDERABLY LESS THAN THE MINIMUM WEIGHT PRESCRIBED IN THE GOVERNING TARIFF FOR VOLUME SHIPMENTS OF EMPTY ROCKET HEADS, AND IN THIS RESPECT WAS DEFINITELY A LESS-THAN- TRUCKLOAD QUANTITY, SUBJECT TO LESS-THAN TRUCKLOAD RATES, AS PROVIDED IN RULE 13 OF THE GOVERNING MOTOR FREIGHT CLASSIFICATION. THE QUESTION WHETHER THE SHIPMENT FILLED TO CAPACITY THE VEHICLE INTO WHICH IT WAS LOADED, THUS MAKING APPLICABLE THE MINIMUM CHARGE PROVIDED FOR IN THE CITED TARIFF ITEM, IS ONE OF FACT WHICH THE RECORD BEFORE US DOES NOT RESOLVE. THERE IS NOTHING IN THE RECORD HERE TO SHOW THAT THE SHIPMENT CONSISTED OF A CAPACITY LOAD OF FREIGHT WITHIN THE MEANING OF THE CAPACITY LOAD RULE IN THE TARIFF AND SINCE THE BURDEN IS ON THE CLAIMANT TO PROVE THE FACTS NECESSARY TO ESTABLISH ENTITLEMENT TO THE CHARGES CLAIMED, WE MUST, IN THE CIRCUMSTANCES, SUSTAIN THE SETTLEMENT.
IN THE EVENT YOU HAVE IN YOUR POSSESSION EVIDENCE ESTABLISHING THAT THIS SHIPMENT CONSISTED OF A CAPACITY LOAD OF FREIGHT, WE WILL, UPON PRESENTATION TO US OF SUCH EVIDENCE, GIVE FURTHER CONSIDERATION TO YOUR CLAIM. IN THIS CONNECTION, AN AFFIDAVIT SETTING FORTH THE DIMENSIONS OF THE VEHICLE INTO WHICH THE SHIPMENT WAS LOADED WOULD BE HELPFUL.