VAN VALKENBURG, J.
Plaintiff, a customer at defendant restaurant, was severely injured as a result of an assault upon him by another customer of the establishment. Originally, the plaintiff filed a complaint seeking damages on two different counts, one being based on the common-law theory of unsafe premises and the other under the provisions of the dramshop act. MCLA 436.22; MSA 18.993. Prior to trial the common-law count was settled for $4000 and the parties proceeded...
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