MEMORANDUM AND ORDER
JOSEPH S. LORD, III, District Judge.
This case arises from personal injuries allegedly sustained by the minor plaintiff on defendant's land in Delaware on July 29, 1963. Suit was started on April 19, 1968. Defendant has asserted the Pennsylvania Statute of Limitations, Act of June 24, 1895, P.L. 236, § 2, 12 P.S. § 34, as an affirmative defense and has moved to dismiss.
Sitting as a diversity court, we are of course bound to apply Pennsylvania conflict of laws rules. Klaxon Company v. Stentor Manufacturing Company, 313 U.S. 487, 61 S. Ct. 1020, 85 L. Ed. 1477 (1941). And Pennsylvania has left no doubt that, in accordance with the general rule,
the statute of limitations to be applied to Pennsylvania law suits is that of Pennsylvania. Rosenzweig v. Heller, 302 Pa. 279, 153 A. 346 (1931); Foley v. Pittsburgh-Des Moines Co., 363 Pa. 1, 68 A.2d 517 (1949).
The question, then, is not what statute is to be applied, for that is clear. Rather, the question is whether, under the circumstances of this case, a Pennsylvania court would hold that the statute was tolled. Neither the diligence of counsel nor our research has disclosed any authority, either in Pennsylvania or elsewhere, directly on point. However, the statute itself is clear enough. It provides:
"Every suit hereafter brought to recover damages for injury wrongfully done to the person, in case where the injury does not result in death, must be brought within two years from the time when the injury was done and not afterwards; * * *."