Liability of a Common Carrier

The Department of the Air Force requested reconsideration of an allowance of two claims by a common carrier which involved X-ray costs for rocket motors. The Air Force transported the units to the point from which the carrier transported them to another base. The carrier personnel were informed that it was necessary for the air bags to be inflated at all times to prevent any damage to the motors. The Air Force contended that the bags were flat upon arrival at the final destination and X-rayed the units to determine if any damage was done. The Air Force then withheld the amount of the X-ray costs upon payment of the carrier's bill. The carrier subsequently filed the claims for payment and they were allowed. It was held in this decision that the common carrier is not liable for costs of X-raying the shipment of rocket motors to determine if they were damaged while in possession of the common carrier. There was no special covenant in the contract which would make any neglect or damage a legal wrong, and furthermore, the absence of any damage in this case is fatal to any claim for such. It was held that the claims of the carrier should be paid as specified by the settlement. However, settlements of the Comptroller General are not decisions and are not considered precedents for future disbursements of public money.