Detroit v. Osborne
135 U.S. 492 (1890)

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U.S. Supreme Court

Detroit v. Osborne, 135 U.S. 492 (1890)

Detroit v. Osborne

No. 295

Argued April 28-29, 1890

Decided May 19, 1890

135 U.S. 492

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

It is settled law in Michigan that the failure of a municipal corporation to keep in repair a sidewalk in a public street when the duty to do so is imposed upon it by statute does not confer upon a person injured by reason of a defect in such sidewalk caused by neglect of the corporation to perform that duty, a right of action against the corporation to recover for the injury caused thereby.

The local law of a state concerning the right to recover from a municipal corporation for injuries caused by defects in its highways and streets is binding upon courts of the United States within the state.

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