Common Carrier's Liability for Damage to Mobile Home

A common carrier requested review of a settlement disallowing its claim for a refund which the government, as a subrogee, collected by setoff for damage to a mobile home transported under a government bill of lading. A mobile home delivered to the carrier in good condition, delivered to the consignee in damaged condition, and an ascertainment of the amount of the damage established a prima facie case. Mobile home carriers are subject to the Carmack Amendment, and under common law, a common carrier could not escape liability by showing an absence of negligence. The carrier's tariff item excluding it from liability was ambiguous and appeared to be in violation of the Carmack Amendment. The carrier had the burden of proof to show that an inherent defect was the sole cause of the damage.