B-144950, OCT. 24, 1961
Highlights
TO THE TRANSCON LINES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22. YOU URGE THAT CHARGES OF $119.60 ARE DUE FOR EXCLUSIVE USE SERVICE ACCORDED THE PROPERTY LOADED IN TRAILER 4889. SINCE THE CARRIER HAD NO OPPORTUNITY TO DETERMINE WHETHER THIS VEHICLE WAS LOADED TO FULL CAPACITY. BECAUSE NO NOTATION AS TO SUCH MATTER WAS ON BILL OF LADING AF-8192617. WE NOTE THAT BILL OF LADING AF-8192617 HAS NO LEGEND ON ITS FACE TO DENOTE THAT TRAILER 4889 WAS LOADED TO FULL VISIBLE CAPACITY. DOES NOT VITIATE OUR RECORDS WHICH SHOW THAT TRAILER 4889 WAS LOADED TO FULL VISIBLE CAPACITY AND THAT THE SECOND VAN. WAS NOT FULLY LOADED. IT SEEMS APPARENT THAT THE CARRIER DID HAVE AN OPPORTUNITY TO DETERMINE WHETHER VEHICLE 4889 WAS LOADED TO CAPACITY.
B-144950, OCT. 24, 1961
TO THE TRANSCON LINES:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22, 1961, FILE B.817.5.RF, YOUR CLAIM 2221-59 (GAO TK-697554), IN WHICH, IN EFFECT, YOU REQUEST RECONSIDERATION OF THE DECISION OF MAY 23, 1961, B-144950, WHICH SUSTAINED THE SETTLEMENT DATED DECEMBER 29, 1960, IN DISALLOWING $119,60 OF YOUR CLAIM FOR $239.20 ADDITIONAL FREIGHT CHARGES SUBMITTED UNDER SUPPLEMENTAL BILL NO. 2-G-5.
YOU URGE THAT CHARGES OF $119.60 ARE DUE FOR EXCLUSIVE USE SERVICE ACCORDED THE PROPERTY LOADED IN TRAILER 4889, SINCE THE CARRIER HAD NO OPPORTUNITY TO DETERMINE WHETHER THIS VEHICLE WAS LOADED TO FULL CAPACITY, BECAUSE NO NOTATION AS TO SUCH MATTER WAS ON BILL OF LADING AF-8192617.
WE NOTE THAT BILL OF LADING AF-8192617 HAS NO LEGEND ON ITS FACE TO DENOTE THAT TRAILER 4889 WAS LOADED TO FULL VISIBLE CAPACITY. THIS FACT, HOWEVER, DOES NOT VITIATE OUR RECORDS WHICH SHOW THAT TRAILER 4889 WAS LOADED TO FULL VISIBLE CAPACITY AND THAT THE SECOND VAN, T193, WAS NOT FULLY LOADED. NOTWITHSTANDING YOUR CONTENTION TO THE CONTRARY, IT SEEMS APPARENT THAT THE CARRIER DID HAVE AN OPPORTUNITY TO DETERMINE WHETHER VEHICLE 4889 WAS LOADED TO CAPACITY, SINCE YOUR FREIGHT BILLS NUMBERED 06- 163151 AND 06-163152 SHOW THAT A SEAL WAS BROKEN ON TRAILER 4889 AND REPLACED WITH SEAL 92254.
THE PRESENT RECORD CONTAINS EVIDENCE THAT VEHICLE 4889 WAS LOADED TO FULL VISIBLE CAPACITY. SINCE YOU HAVE NOT FURNISHED COMPETENT AND CONVINCING PROOF TO THE CONTRARY, THE CONCLUSION ..END :