B-121550, NOV. 25, 1955
Highlights
THE BILL OF LADING RECORD DOES NOT SUPPORT YOUR ALLEGATION THAT PICK-UP SERVICE WAS PERFORMED BY THE INITIAL CARRIER. PAYMENT IS NECESSARILY LIMITED TO THE SERVICE SHOWN IN THE BILL OF LADING. UNLESS COMPETENT EVIDENCE IS ADDUCED TO PROVE THE PERFORMANCE OF OTHER OR ADDITIONAL SERVICE. SINCE YOUR ORIGINAL CLAIM WAS NOT SUPPORTED BY SUCH EVIDENCE. THE COMPLAINED-OF SETTLEMENT WAS BASED UPON THE BILL OF LADING RECORD. THE CHARGES WERE COMPUTED UPON THE BASIS OF A PUBLISHED TARIFF CARLOAD RATE AND MINIMUM WEIGHT. IT IS AFFIRMED.
B-121550, NOV. 25, 1955
TO MR. E. MECH, AUDITOR OF FREIGHT RECEIPTS, ILLINOIS CENTRAL RAILROAD COMPANY:
IN YOUR LETTER OF JULY 14, 1955, FILE G-N-23988-C-WAG-R, YOU REQUEST RECONSIDERATION OF OUR DECISION OF JUNE 20, 1955, B-121550, WHICH SUSTAINED THE SETTLEMENT (CLAIM TK-122008) IN DISALLOWING YOUR CLAIM, PER BILL N-23988-C, FOR $269.88 ADDITIONAL TO THE CHARGES PAID ON BILL OF LADING N-2869564.
THE BILL OF LADING RECORD DOES NOT SUPPORT YOUR ALLEGATION THAT PICK-UP SERVICE WAS PERFORMED BY THE INITIAL CARRIER. PAYMENT IS NECESSARILY LIMITED TO THE SERVICE SHOWN IN THE BILL OF LADING, UNLESS COMPETENT EVIDENCE IS ADDUCED TO PROVE THE PERFORMANCE OF OTHER OR ADDITIONAL SERVICE. SINCE YOUR ORIGINAL CLAIM WAS NOT SUPPORTED BY SUCH EVIDENCE, THE COMPLAINED-OF SETTLEMENT WAS BASED UPON THE BILL OF LADING RECORD. ACCORDANCE WITH CLASSIFICATION RULE NO. 14, THE CHARGES WERE COMPUTED UPON THE BASIS OF A PUBLISHED TARIFF CARLOAD RATE AND MINIMUM WEIGHT. YOUR LETTER OF JULY 14 OFFERS NO EVIDENCE TO SUPPORT YOUR CONTENTION THAT THE INITIAL CARRIER PERFORMED PICK-UP SERVICE, NOR DOES IT PRESENT ANY FACTS WHICH WE DID NOT CONSIDER IN CONNECTION WITH OUR DECISION OF JUNE 20, 1955.
SINCE NOTHING HAS BEEN OFFERED WHICH WOULD WARRANT MODIFICATION OF THE DECISION OF JUNE 20, IT IS AFFIRMED.