Massachusetts General Laws

Mass. Gen. Laws ch. 269, § 8 (2026)

Destruction of or damage to property by persons riotously assembled; liability of town

✓ current as of July 2026

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Section 8. If property of the value of fifty dollars or more is destroyed or if property is damaged to that amount or to a value in excess thereof by fifteen or more persons who are riotously or tumultuously assembled and provided that the activities of such riotous or tumultuous group are observed and reported to the police during the period that such activities are occurring, the town within which the property was situated shall, if the owner of such property uses all reasonable diligence to prevent said destruction or damage and to procure the conviction of the offenders, be liable to indemnify the owner thereof in tort to the amount of three-fourth's of the value of the property destroyed or of the amount of such damage thereto, and may recover the same against any or all of the persons who so destroyed or damaged such property.

Notes of Decisions

Cited in 6 cases, 1973–2006 · leading case: Abraham v. City of Woburn, 421 N.E.2d 1206 (Mass. 1981).

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Abraham v. City of Woburn, 421 N.E.2d 1206 (Mass. 1981). · cites it 12× “The complaint was brought under G.L.c. 269, § 8, as amended by St. 1965, c.”

Abraham v. City of Woburn, 408 N.E.2d 664 (Mass. App. Ct. 1980). · cites it 9× “Acting under G. L. c. 269, § 8, as amended by St. 1965, c.”

Dinsky v. Town of Framingham, 438 N.E.2d 51 (Mass. 1982). “4 Contrast G. L. c. 269, § 8, which expressly imposes liability on a municipality for damage to private property caused by a riotous or tumultuous assembly.”

Commonwealth v. Abramms, 849 N.E.2d 867 (Mass. App. Ct. 2006). · cites it 2× “officer to depart from the place, refuses or neglects so to do, shall be considered one of the rioters or persons unlawfully assembled, and shall be [subject to criminal prosecution and punishment].”

Morash & Sons, Inc. v. Commonwealth, 296 N.E.2d 461 (Mass. 1973). “For example, recovery is permitted against a municipality for damages caused by riots (G. L. c. 269, § 8), by unlawful exclusion from public schools (G.”

Filippone v. Mayor of Newton, 452 N.E.2d 239 (Mass. App. Ct. 1983). “We have taken note of the fact that “an important purpose of statutes such as G. L. c. 269, § 8 [providing for public indemnity for riot damage], is to provide redress of injuries for which other forms of compensation may be unavailable.”

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