B-176881: Jun 7, 1973

THE LEGAL JUSTIFICATION FOR THE OFFSET WAS RECENTLY RESTATED IN BURLINGTON NORTHERN. THE AMOUNT OF THE DAMAGE CLAIM IN EXCESS OF THE FREIGHT CHARGES IS FOR PROMPT REFUND OR COLLECTION BY OTHER MEANS. WHICH WE WILL CONSIDER AS A REQUEST FOR REVIEW OF THE ACTION TAKEN BY THAT DIVISION ON ITS CERTIFICATE OF SETTLEMENT (OUR CLAIM NO. THE AMOUNT ALLOWED WAS SET OFF AGAINST A DAMAGE CLAIM OF $6. THE DAM...

B-176881: Nov 21, 1973

CARRIER HAS NOT MET THE BURDEN OF PROOF OF NON-NEGLIGENCE AND THAT ONE OF THE EXCEPTIONS TO CARRIER LIABILITY WAS THE SOLE CAUSE OF THE LOSS AND DAMAGE. THE BURDEN WAS. SHIFTED TO THE CARRIER TO PROVE THAT IT WAS NOT NEGLIGENT AND THAT THE ALLEGED NEGLIGENCE OF THE SHIPPER (I.E. IMPROPER LOADING) WAS THE SOLE CAUSE OF THE DAMAGE TO THE SHIPMENT. THAT THE SHIPMENT WAS IMPROPERLY LOADED BY THE SHIPP...

B-176881: Published: Nov 21, 1973. Publicly Released: Nov 21, 1973.

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