WVC 31 - 2 A- 3
§31-2A-3. Responsibility of railroad company.
The railroad company shall be solely responsible for the
acts of its agents and employees in violating any provision of
this article or any provision of any ordinance of any
municipality or any provision of any order of a county or other
public authority regulating the period of time any such street,
road or highway may be so blocked by a train.