"3. The burden of proof is upon the plaintiff to establish the material allegations of the petition by a preponderance of the evidence, and the weight of the evidence is a question for the jury, and when plaintiff fails to establish his case by legal and competent evidence or where there is conflicting evidence, a verdict in favor of the defendant will not be reversed on appeal." Western Chemical Co. v. Board of Comm'rs of Pottawatomie County, 170 Okla. 337, 44 P.2d 825, holds: "3. It is a well-established rule in this jurisdiction that, where there is a conflict in the evidence, the judgment of the trial court will not be disturbed by this court on appeal on account of the insufficiency of the evidence if there is any evidence tending to support such judgment."

"Where an action at law is tried by the court without a Jury, the appellate court is precluded from weighing the evidence for the purpose of determining whether or not the court's findings were justified thereby, unless there was no evidence whatever to support the findings." See, also, Myers v. Denison, 104 Okla. 208, 230 P. 742, and Western Chemical Co. v. Board of Com'rs of Pottawatomie County, 170 Okla. 337, 44 P.2d 825. The engineer's reports are to be considered as final in this, case, in the absence of such fraud as will invalidate them, or the presence of latent defects, and as no attack on the grounds of such fraud is directed at English, the court's finding and conclusions that the English; report is conclusive is supported by the evidence.