Plaintiff, a tenant in a tenement house, went to do some marketing, and upon her return half an hour later claims to have been injured by falling into a hole in the basement hallway near the door of her apartment. Fler husband testified that during the time of his wife’s absence he saw the housekeeper working in the hallway in or about the hole, and later, upon hearing his wife scream, he went out and saw her with one foot in. Hallway was dark. Defendant’s housekeeper was called, but was not questioned about the work he' was doing in the hallway when seen by plaintiff’s husband. If the hall was rendered dangerous by any act on the part of defendant’s servant, and no precaution taken to enable tenants by the exercise of reasonable care *767to guard against accident, a question of fact was presented and a prima facie case made out, and it was error to dismiss the complaint.
Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.