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Los Angeles, A pril 27, 1942 P ile 176 H. £• SI APR 2 8 ^94?- Mr. E. L. Begun: Your le tt e r of April 23rd to Mr. Bennett, your f i l e A-155, regarding fa ilu re to weigh NYC 707304 and PLE 48591 (band steel oonelgned to Boyle Manufacturing Com­pany) : In my opinion the claim of the shipper should be de­clined. The rulee and regulations governing weighing and re-weighlng found in Circular No.10 o f the P a cific Freight f Bureau apply to the weighing o f shipments fo r the assess­ment o f charges only. I t Is expressly so stated In the Introductory paragraphs o f the ciro u lar. The Onion Pa­c ific does not hold I t s e l f out to the shippers to weigh cars fo r the purpose o f furnishing weights in connection with commercial transactions, and in my opinion would not be lia b le fo r damages incurred in a commercial transaction by reason o f fa ilu re to weigh a shipment as requested. I know of no adjudicated case to that e ffe c t, but I believe ? ! H ? H H that is the only lo g ic a l position to take. Furthermore the 1500 damages claimed by the shipper are plain ly excessive. There undoubtedly is some cheap­er method o f solving the problem which confronts the ship­per than the method suggested by him. ECR:MS cc - Mr. V. H. McCune Edward C. Renwick