Schratt v. Fila

Plaintiff instituted suit against the named defendants for damages arising out of injuries sustained by plaintiff as the result of an assault upon him shortly after midnight on the morn ing of July '20, 1958. Plaintiff’s cause of action against defendants Pila, Young, and McAllister is based upon assault and battery; action against defendant tavern owners is brought under provisions of the civil damage act (CLS 1956, § 436.22 [Stat Ann 1957 Rev § 18.993] ). * Prior to trial, defendant Smigiel was released by a convenant not to sue, and defendants John and Alice Navarro, d/b/a Johnny’s Tavern…