Newton

The following is the opinion of the trial judge referred to in the decision of the court:

This appeal is from an order granting the motion of the defendant for a new trial. The case is stated and the grounds for granting the order appear in the opinion of the judge of the lower court, which will be found in the statement of the case.

We find nothing in the record to exclude the case from the established rule that the appellate court will not set aside an order of the trial court in granting or refusing a new trial unless it appears that it was erroneous, or that there has been an abuse of discretion. (Domico v. Casassa, 101 Cal. 411 , [ 35 Pac. 1024 ]; Cutten v. Pearsall, 146 Cal. 697 , [ 81 Pac. 25 ].)

The point chiefly urged by the appellant is, that the opinion of the court “is the opinion of the judge as an electrical expert, and not a judicial opinion.” But assuming, for the purposes of the decision only, that we may look to the opinion of the judge as constituting the exclusive grounds of his decision, yet it is admitted that there was expert evidence on both sides of the question involved, and there is nothing in the opinion to indicate that the judge’s decision was not…