Charles B. Elgin, Sr., Individually and as Next Friend of John Elgin, a Minor v. District of Columbia

McGOWAN, Circuit Judge.

In this litigation, liability in tort is claimed to have accrued by reason of an accident which occurred while John Elgin, a minor and a full-time student at a public school owned and operated by the District of Columbia, was engaged in a required recreation program on the school playground. He fell into a depressed areaway immediately adjacent to the playground, which areaway itself surrounded the basement of the school building. The complaint, in one count, alleged that the fall was the result of the District’s negligence in failing either to provide, or to maintain…