WVC 17 - 10 - 17
§17-10-17. Action for damages occasioned by defective road,
bridge, street, etc.
Any person who sustains an injury to his person or property
by reason of any road or bridge under the control of the county
court or any road, bridge, street, alley or sidewalk in any
incorporated city, town or village being out of repair due to the
negligence of the county court, incorporated city, town or
village may recover all damages sustained by him by reason of
such injury in an action against the county court, city, town or
village in which such road, bridge, street, alley or sidewalk may
be, except that such city, town or village shall not be subject
to such action unless it is required by charter, general law or
ordinance to keep the road, bridge, street, alley or sidewalk
therein, at the place where such injury is sustained, in repair.
If it is not so required, the action and remedy shall be against
the county court. When judgment is obtained against the county
court, such court shall at the time of the laying of the next
annual levy, levy upon the taxable property of the district in
which such injury is sustained a sufficient sum to pay such
judgment with interest and costs, and the costs of collecting the
same, and when it is obtained against the city, town or village
the proper municipal authorities thereof shall lay such levies at
the time of levying the next annual levy on the property subject
to taxation in such city, town or village. In case of a failure
by either so to do, or to pay the judgment as required by law,
the circuit court of the county for which such county court acts
or in which such city, town or village or the major portion of the territory thereof is located shall compel the laying of such
levy, or the payment of such judgment, or both, by mandamus.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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