Mark W. Morgan, an Infant, by Herbert N. Morgan, His Father and Next Friend v. James e.garris and Newcomb-Jones Realty, Inc.

I agree entirely with the opinion written by Judge Edgerton for a majority of the court. The dissenting opinion prompts this brief additional concurrence.

Section 2508 of the Housing Regulations is by no means in terms limited to “Interior stairs,” and we should not decide now, as our dissenting brethren would do, that it has no bearing on this case. Appellant had no trial, and the Regulation was not considered by the trial court. See Hecht Co. v. McLaughlin, 93 U.S.App.D.C. 382, 385, 214 F.2d 212, 215, where we said:

“for us to rule on the present record whether or not the regulation applied *…