Defendant is president of an unincorporated association operating a fast freight line. Plaintiffs shipped two cases, marked “millinery goods," valued by them at $106.77, to Winona, Minn., on December 10, 1906. The consignee refused to receive them. By some unexplained delay, notice of their return was not mailed to plaintiff until March 19, 1907. The actual contents of the cases were mainly feminine straw hats, not trimmed. No physical injury to the goods was shown, but one of the plaintiffs testified that the delay caused a loss of 90 per cent, in value, owing to change in the prevailing style. The other put the loss at 50 to 75 per cent. The court *328fixed it at about 87 per cent. Defendant had no notice of such danger of depreciation, and this alone is fatal error. Wolfe v. Weir, 61 Misc. Rep. 57, 112 N. Y. Supp. 1078.
The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event, unless the plaintiffs stipulate to reduce the judgment to the sum of $10 and costs in the c'ourt below, in which event the judgment, as so modified, is affirmed, without costs to either party on this appeal.