WVC 17 - 10 - 18
§17-10-18. Action for damages occasioned by defective turnpike,
road or bridge, belonging to any company, etc.
Any person who may be injured by reason of a turnpike, road
or bridge belonging to any company or person, or to any county in
its corporate capacity, being out of repair, may recover all
damages sustained by him by reason of such injury, in the manner
prescribed in the preceding section, against such company, person
or county, or against the lessee for the time being of any such
road or bridge. Any judgment against a city, town, village or
county under this section may be enforced by the circuit court by
writ of mandamus.