Gratney ex rel. Gratney v. Board of County Commissioners

It is the province of the courts to construe but not to amend statutes. The act of 1887 is to my mind fairly susceptible of only one construction — the one given in the opinion formerly filed in this case.

As early as Eikenberry v. Township of Bazaar, 22 Kan. 557, it was held that in the absence of express statutory enactment, placing liability on townships for injuries sustained on account of defects in highways, such organizations are not liable for damages. This was reaffirmed in Comm’rs of Marion Co. v. Riggs, 24 Kan. 255, and in Township of Quincy v. Sheehan, 48 Kan. 620, 29 Pac. 1084.…