B-118968, JUN. 8, 1955

B-118968: Jun 8, 1955

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NORTHERN PACIFIC RAILWAY COMPANY: REFERENCE IS MADE TO LETTERS WRITTEN UNDER YOUR FILE O 909612. ONE BOX CONTAINING A POWER PUMP WERE TENDERED TO THE NATIONAL CARLOADING CORPORATION BY THE INGERSOLL RAND COMPANY AT PHILLIPSBURG. A REPORT OF LOSS ON THE REVERSE OF THE BILL OF LADING INDICATES THAT THE TWO TANKS WERE NOT DELIVERED. IT WAS REPORTED THAT SUBSEQUENT INVESTIGATION FAILED TO CONFIRM DELIVERY OF THE MISSING TANKS AT PASCO OR ANY OTHER PLACE. ALTHOUGH RECORDS DID REVEAL THAT THE MATERIAL IN THE THREE BOXES WAS EXPORTED. IN OUR FILE ARE YOUR LETTERS OF AUGUST 21. WHEREIN IT IS STATED THAT YOUR RECORDS INDICATE THAT THE MISSING TANKS WERE IN CAR CBQ-42923 WHEN IT ARRIVED IN SPOKANE.

B-118968, JUN. 8, 1955

TO MR. C. E. TOLLAS, FREIGHT CLAIM AGENT, NORTHERN PACIFIC RAILWAY COMPANY:

REFERENCE IS MADE TO LETTERS WRITTEN UNDER YOUR FILE O 909612, DESK 7, CONCERNING YOUR SUPPLEMENTAL BILL NO. FR-44574 1/2-A IN WHICH YOU RECLAIM $1,730.77, ADMINISTRATIVELY DEDUCTED FROM YOUR BILL NO. FR 58763 TO REIMBURSE THE UNITED STATES FOR THE LOSS OF PROPERTY MOVING UNDER BILL OF LADING DA-TPS-428649, IN MAY 1943.

THE BILL OF LADING SHOWS THAT TWO STEEL TANKS, WEIGHING 11,950 POUNDS, TWO BOXES OF FITTINGS, AND ONE BOX CONTAINING A POWER PUMP WERE TENDERED TO THE NATIONAL CARLOADING CORPORATION BY THE INGERSOLL RAND COMPANY AT PHILLIPSBURG, NEW JERSEY, FOR FORWARDING TO THE PASCO HOLDING AND RECONSIGNING POINT AT PASCO, WASHINGTON. THE CONSIGNEE'S CERTIFICATE OF DELIVERY ACKNOWLEDGES RECEIPT AT DESTINATION OF THE BOXES ONLY, AND A REPORT OF LOSS ON THE REVERSE OF THE BILL OF LADING INDICATES THAT THE TWO TANKS WERE NOT DELIVERED.

IN RESPONSE TO A RECENT INQUIRY MADE TO THE GENERAL SERVICES ADMINISTRATION ABOUT THIS SHORTAGE, IT WAS REPORTED THAT SUBSEQUENT INVESTIGATION FAILED TO CONFIRM DELIVERY OF THE MISSING TANKS AT PASCO OR ANY OTHER PLACE, ALTHOUGH RECORDS DID REVEAL THAT THE MATERIAL IN THE THREE BOXES WAS EXPORTED.

IN OUR FILE ARE YOUR LETTERS OF AUGUST 21, 1951, AND DECEMBER 6, 1951, TO THE TREASURY DEPARTMENT, WHEREIN IT IS STATED THAT YOUR RECORDS INDICATE THAT THE MISSING TANKS WERE IN CAR CBQ-42923 WHEN IT ARRIVED IN SPOKANE, WASHINGTON, THAT THE TANKS WENT FORWARD TO PASCO IN THE SAME CAR WITHOUT TRANSFER OF LADING OR OTHER HANDLING, AND THAT THE CAR WAS PLACED FOR UNLOADING AT PASCO. HOWEVER, THE RECORD IS DEVOID OF ANY EVIDENCE, SUCH AS CERTIFIED COPIES OF YOUR PERTINENT BUSINESS RECORDS, WHICH MIGHT BE OF HELP IN DISPOSING OF THIS CLAIM. ACCORDINGLY, IN THE ABSENCE OF EVIDENCE ESTABLISHING WITH REASONABLE CERTAINTY THE DELIVERY OF THE SHIPMENT, OR FACTS EXONERATING THE CARRIER FROM LIABILITY FOR NONDELIVERY, THE CHARGES CLAIMED IN YOUR SUPPLEMENTAL BILL MAY NOT BE ALLOWED.

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