Opinion
July, 1925.
Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that the Board has erroneously included in the weekly wage the amounts received by the claimant for tips, it not appearing that the same was taken into consideration by the parties in making the contract of employment, and on the authority of Sloat v. Rochester Taxicab Co. ( 177 App. Div. 57) and Begendorf v. Swift Co., Inc. (193 id. 404). All concur.