In the action below the defendant in error recovered a verdict and judgment for injuries sustained by him from the overthrow of a bar fixture which had been temporarily placed during removal, in the space between sidewalk and curb,in the street, in front of the plaintiff’s premises. It was left in unstable equilibrium, and the defendant in error, a child of six years, inter-meddled with it so that it fell over on him.
Because this was a.public street where the child had a right lo be and where it was to be expected that small children would exercise their childish instincts, a majority of the court are unwilling to hold that the doctrine of Railroad Co. v. Harvey, 77 O. S., 235, as applicable to private premises, rules in this ease; especially as that decision distinguishes, instead of in terms re- versing, Harriman v. Railway Co., 45 O. S., 11.
Judgment affirmed.