3
Because the rail facility at Rosamond would not accommodate 69 cars, on May 5, May 6, and May 8, 1989, the SP moved 32, 15, and 22 loaded cars, respectively, from Rosamond to a side track at Fleta (figure 1). After the cars were loaded, yard clerks at Mojave "released" the cars by changing the status of each car from an "empty" to a "load,"[1] in SP's computer system. The computer process required, at the time the status was changed, the entry of an estimated weight of the product. Three different yard clerks, based on their prior railroad experience, entered estimated weights into the car file[2] of the computer system on three separate occasions—each time the groups of cars were moved from the Rosamond facility to the side track at Fleta. (The 32 cars moved on May 5 were estimated at 50 tons each, the 15 cars moved on May 6 were estimated at 75 tons each, and the 22 cars moved on May 8 were estimated at 60 tons each.) The light (empty) weight of the car was programmed into the system, and the system would automatically compute the total weight of each car. According to their testimony, the yard clerks, who had no knowledge of the contents of the contract between the SP and Lake Minerals, believed that the weight they estimated when the cars were released would be automatically replaced in the computer system by the weights shown on the shipper’s bill of lading when that document was later received in Los Angeles and the shipper weights were entered into the computer. Testimony by the yard clerks further indicated that estimated weights supplied when cars were released were routinely overridden by shipper weights at later dates, and that they had no reason to believe that it would not be done in this instance. One of the yard clerks, who had worked in that capacity for 17 years with the SP and who estimated the weights of the 15 cars moved on May 6, stated that it was important to estimate as closely as possible the actual weights of the cars; however, he could not offer a precise reason for why it was important. There was no documentation available to the yard clerks that indicated the actual weight of trona (or any other commodity).
Preparing the Shipper’s Bill of Lading.—On May 6, 1989, the superintendent of Lake Minerals Corporation submitted a bill of lading for the 69 cars loaded with trona to a shipping clerk at the SP’s yard office at Mojave. The bill of lading (appendix C) indicated the total number of cars to be shipped, the destination of the cars, and the car numbers. The weight of the cars was not listed on the bill of lading, and there was no discussion regarding the weight of the cars. The document was reviewed and signed by both the shipping clerk and the superintendent. The superintendent testified that it was an oversight that he did not provide the weights on the bill of lading. He stated, "There was no question about the weights and it was understood, as far as I knew, that they were 100 ton cars, they were loaded and we’d ordered 69 of them." The shipping clerk testified that after the superintendent of Lake Minerals Corporation left the office, he realized
- ↑ The purpose in "releasing" or changing the status of a car is to release the customer (in this case Lake Minerals) from the per diem charge for holding empty cars.
- ↑ Southern Pacific’s computer system is composed of various files including a car file and a waybill file. Additional discussion occurs under Method of Operation.
