Legal Opinion

Claim of Sloat v. Rochester Taxicab Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 1917PublishedCited by 28 opinions

Appeal by the defendants, Rochester Taxicab Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 23d day of May, 1916.

1Opinion of the Court

Kellogg, P. J.:

The only question presented by this appeal is whether in determining the average weekly wages of the employee the tips received by him can be considered. It was stipulated that “there was a custom existing in the City of Rochester whereby users of taxicabs, upon paying their fare, gave to the drivers gratuities or tips, which is an amount in addition to the fare, and for the personal use of the driver; that such custom was known to the employer at the time he employed Warren Sloat to enter his service; that the average amount of tips so received * * * was the sum of 85^ a day,…

2Cited by28 opinions

  1. Williams v. Jacksonville Terminal Co.Supreme Court of the United States · 1942
  2. People v. VetriNew York Court of Appeals · 1955
  3. Lakos v. SaliarisCourt of Appeals for the Fourth Circuit · 1940
  4. Petrafeck v. Industrial CommissionSupreme Court of Colorado · 1976
  5. Lloyds Casualty Co. v. MeredithCourt of Appeals of Texas · 1933

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