West Virginia Code § 17-16-8

Duty of railroad company to keep state or county- district road in good
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condition.
Every railroad company heretofore or hereafter incorporated which has, by the building of
its road, or otherwise, obstructed, or shall hereafter obstruct, any state or county-district
road, shall, as far as possible, put the road so obstructed in as good condition as it was in
before the obstruction. Every railroad company which has changed, or shalle hereafter
change, the grade or location of any state or county-district road, shall put the same in as
good condition and repair, and on as practical a grade, as such road wars before its change;
and if such road, after construction, becomes damaged or injured or is caused to be
damaged or injured by reason of the construction of any railroad, such railroad company
shall be liable for all damages occasioned thereby and for all costs incurred in repairing and
keeping in repair the road so damaged or injured as aforesatid.

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