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ABRAHAM v. WOBURN

10 Mass. App. Ct. 416 (1980)

408 N.E.2d 664

NICHOLAS ABRAHAM vs. CITY OF WOBURN.

Appeals Court of Massachusetts, Middlesex.

August 20, 1980.

Attorney(s) appearing for the Case

Carol J. Muller, City Solicitor, for the defendant.

Neal C. Tully (Edward I. Masterman with him) for the plaintiff.

Present: GREANEY, PERRETTA, & KASS, JJ.

KASS, J.

Some time late September 3, 1970, or early the next morning, the plaintiff Abraham's bowling alley in Woburn was atrociously vandalized. Acting under G.L.c. 269, § 8, as amended by St. 1965, c. 647, § 3, which imposes tort liability upon municipalities for damage to property by persons "who are riotously or tumultuously assembled," Abraham brought an action against Woburn, upon which a jury returned a verdict of $147,750.1

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