Law School Case Briefs
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Herr v. Booten
Supreme Court of Pennsylvania (1990) | 580 A.2d 1115; 398 Pa. Super. 166; 1990 Pa. Super. LEXIS 2856
TL;DR: A college student died from alcohol poisoning the day before his 21st birthday. The court held his friends could be liable for negligence per se for furnishing him alcohol, rejecting the common law rule that one legally attains age the day before their birthday.
Legal Significance: Establishes that for social host liability, a person is considered a minor until the anniversary of their birth, carving out an exception to the common law age-attainment rule based on the specific legislative intent of statutes prohibiting the furnishing of alcohol to minors.