A carrier appealed a Claims Group settlement which disallowed its claim for reimbursement of a sum set off from moneys it was otherwise due. The carrier had been found liable for the loss of two china platters allegedly contained in a shipment of household goods belonging to an Army member and shipped under a Government bill of lading. The carrier contended that it should not have been liable for the items, because there was no proof that they were tendered to it for transportation. To establish a prima facie case of carrier liability, a shipper must show: (1) that he tendered the property to the carrier in a certain condition; (2) that the property was not delivered by the carrier or was delivered in a damaged condition; and (3) the amount of loss or damage. The inventory did not indicate that the items allegedly lost were tendered to the carrier. The record showed that the carrier delivered all of the cartons listed on the inventory, and it did not suggest that any of the cartons had been opened before delivery to the member. GAO held that the record did not establish a prima facie case of carrier liability and sustained the appeal.
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