The Vildosala; The Emerald; The Satellite; The Toiler

• Jurisdiction: Ireland
• Judgment Date: 20 February 1880
• Date: 20 February 1880
• Court: Court of Admiralty (Ireland)

High Court of Admiralty, Ireland

Townsend, J.

The Vildosala; The Emerald; The Satellite; The Toiler

Consolidation of several causes of damage by collision in respect of the same transaction — Practice of the court with respect to consolidation considered

228 MARITIME LAW CASES. IR. - ADM.] THE VILDOSALA ; THE EMERALD ; THE SATELLITE ; THE TOILER. [IR. - ADM. Friday, Feb. 20, 1880. (Before Townsend, J.) The Vildosala; The Emerald; The Satellite; The Toiler. Consolidation of several causes of damage by coll-sion in respect of the tame transaction - Practice of the court with respect to consolidation consi-dered. The court will, in the exercise of He discretion make such order for consolidation as it considers will meet the justice of the ease, and protect the interest of the suitors. This was a motion on the part of the owners of the Vildosala, that their fire causes should be consolidated and heard at the same time, and on the same evidence, and on the pleadings and preliminary acts already filed. It appeared from the afidavit on which this motion was moved that in the month of December, 1879. a oclliston occured in the river Liffey between the steamship Vildosala, steaming out-wards, and the two ships the Emerald and the Satellite, while the two latter ships were being towed up the said river by the steamtug Toiler. Causes of damage bad been instituted on the 23rd Dec. 1874, by the Emerald and the Satellite against the Vildosala, and cross actions subse-quently by the Vildosala against them, and the Vildosala, had also instituted a cause of damage against the Toiler. It also appeared that the pleadings were con-oicded on the original causes by the Emerald and the satellite against the Vildoeala, that no pleadings bad been filed in the cross action, and that in the cause instituted by the Vildosala against the Toiler, preliminary acts only had been filed. On the 5th Feb. a consent war served by the Vildosala on the Emerald, Satellite and Toiler, by which it was sought to be agreed that all the said causes should be consolidated, and should be heard at the same time and on the same evidence, and that the Vildosala, as plaintiff, should file in the causes in which the Emerald, Satellite, and Toiler, are defendants, one joint petition against the three, and that the Toiler, Emerald, and Satellite might as defendants file one joint answer to the said petition, or that in the alternative the said causes should be heard in manner aforesaid on the...