Viens v. Lanctot, 144 A.2d 711, 120 Vt. 443 (Vt. 1958)
During the trial and subject to the exception of the defendant, the court, on the plaintiffs' motion, allowed the jury to take a view of part of the premises. The defendant says this action without any claim as to how this partial view might help the jury decide any matters occurring 2 1/2 years before, was error. The court stated it was allowing the view as a matter of discretion. The question for our determination is whether the trial court abused its discretion. In considering it we are bound to indulge every reasonable presumption in favor of the ruling below, bearing in mind that the trial court was in a better position to determine the question. So considered it cannot be said, on the record before us, that the trial court exercised its discretion on grounds or for reasons clearly untenable, or to an extent clearly unreasonable, which, in this State, is the recognized test of abuse of discretion. Lancour v. Herald and Globe Ass'n, 112 Vt. 471, 483, 28 A.2d 396, and cases there cited. The defendant has the burden of showing abuse of discretion, clearly and affirmatively. Bigelow v. Denis, 119 Vt. 21, 25, 117 A.2d 261; Gray v. Janicki, 118 Vt. 49, 50-51, 99 A.2d 707; Ricci v. Bove's Executor, 116 Vt. 335, 339, 75 A.2d 682. Regardless of what this Court might have done under similar circumstances, we are unable to say that the trial court abused its discretion. Farr v. Fisher, 107 Vt. 331, 337, 178 A. 883, 98 A.L.R. 926; Houran v. Preferred Accident Ins. Co., 109 Vt. 258, 269, 195 A. 253.
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