Claims Division Reversal of Setoff Action Against Carrier

B-193571: Jan 9, 1979

Additional Materials:


Office of Public Affairs
(202) 512-4800

The Marine Corps set off the claimed value of damages to a Marine Corps member's household effects while in transit from nontemporary storage, but some of the missing items did not appear on the carrier's inventory. Since there is no evidence that the household effects claimed to be missing were delivered to and accepted by the carrier, no prima facie case can be established that the carrier is liable for items that are missing in transit. The shipper has the burden of proving: delivery of goods to the carrier in good condition; nondelivery or delivery to the consignee in damaged condition; and the amount of damages.