"Now comes plaintiff, and with leave of court files his amended petition. Plaintiff states that he is a resident of the city of Cape Girardeau, county of Cape Girardeau, and state of Missouri; that he is a large tax payer to the city of Cape Girardeau, and that he has paid all his taxes for the year last past.
"Plaintiff sues the defendant, and for his first cause of action states that on the 22d day of October, 1903, he was the owner of a hotel building located on the south part of lot No. 15, block No. 7, of First Giboney Houck subdivision to the city of Cape Girardeau; that the value of said building was thirty-seven hundred (3,700) dollars, and that on said day the said building was destroyed by fire through the careless, wanton, and negligent conduct of the defendant as hereinafter set out.
"Plaintiff sues the defendant, and for his second cause of action states that on the said 22d day of October, 1903, he was the owner of a dwelling on the north part of aforesaid lot No. 15, about 15 feet from the hotel building; that the value of said building was seven hundred (700) dollars, and that on the aforesaid day it took fire from sparks issuing from the aforesaid hotel building, and was destroyed through the careless, wanton, and negligent conduct of the defendant as hereinafter set out.
"Plaintiff sues the defendant, and for his third cause of action states that on the said 22d day of October, 1903, he was the owner of a dwelling situated on lot No. 16, block No. 7, of First Giboney Houck subdivision to the city of Cape Girardeau, and that the value of said building was eight hundred (800) dollars; that said building took fire and was destroyed through the careless, wanton, and negligent conduct of the defendant as hereinafter set out.
"Plaintiff sues the defendant and for his fourth cause of action states: That on the said 22d day of October, 1903, he was the owner of a barn located on the rear part of the aforesaid lot 15, block 7, of First Giboney Houck subdivision of the city of Cape Girardeau, and that the value of said barn was two hundred (200) dollars; that the said barn took fire, and was destroyed through the careless, wanton, and negligent conduct of the defendant as hereinafter set out. That the defendant is a corporation organized under the laws of the state of Missouri, is the assignee of a contract with the city of Cape Girardeau, which is made a part of this petition, entitled: `An ordinance to provide a system of waterworks in the city of Cape Girardeau, Mo., and granting to Adolph W. Gilbert, his associates, successors, or assigns, the right to construct and operate the same, giving the rights to streets, alleys, avenues, and public places, to him, his associates, successors, or assigns, and agreeing to contract with the said Adolph W. Gilbert, his associates, or assignees, for fire protection and other purposes, for a period of 20 years, from the date of the passage of this ordinance.' Plaintiff alleges that said ordinance was passed March 12th, 1894, accepted by the aforesaid Adolph W. Gilbert, offered on his behalf to the people of the city of Cape Girardeau, and accepted April 17th, 1894, and a contract created. That the aforesaid contract is still in force. That under the aforesaid contract the said Adolph W. Gilbert, his associates and assigns, assumed the duty of police officers to protect the said city against fire. That for and in the consideration of the benefit to be derived by constructing and operating the system of waterworks and furnishing a sufficient quantity of pure and wholesome water, suitable for all domestic, manufacturing, and fire purposes, the said Adolph W. Gilbert, his associates, successors, and assigns, were granted the right to establish and operate a system of waterworks, and the right to enter upon all the streets, avenues, and public grounds `as they now exist or hereafter may be extended,' for the purpose of laying mains, conduits, and pipes for a period of 20 years, and that by said ordinance the city of Cape Girardeau was divided into different divisions by proper valves so that at no time said system should be disabled entirely in case of accident. That by said ordinance the said Gilbert, his associates, successors, and assigns, for services as such police officers to furnish the city of Cape Girardeau water in case of fire with such pressure as in said ordinance specifically provided, were to have and receive an annual rental for such services of $3,000 per annum. That said ordinance further provided for the location of hydrants at such points as may be designated by the city council and as indicated on the plans and specifications, and map providing for the construction of said waterworks, and that said ordinance also provides for the extension of the pipe system as provided in said ordinance whenever on such extension to be paid for pro rata at the same rate as provided for hydrants originally located under said ordinance. That said ordinance specifically provides that said Adolph W. Gilbert, his associates, successors, or assigns, shall keep such hydrants in repair and ready for use at all time. That said ordinance provides that said Gilbert, his associates, successors, and assigns, shall distribute the water through the pipe system, so to be constructed by them, by pumps, and
from the reservoir which shall be of a capacity of not less than 700,000 gallons. That said ordinance with the view of fully protecting the property of the city of Cape Girardeau from fire further specifically provides that the said Adolph W. Gilbert, his associates, successors, and assigns, as such police officers created and established for the purpose of furnishing water in case of fire, and such pressure as may be hereafter set out, `shall at all times keep their waterworks in good and efficient working order to the end that the said Gilbert, his associates, successors, and assigns, as such police officers for the purpose of supplying water, should always be prepared to furnish the pressure adequate for fire protection without the aid of city fire engines.' That said Adolph W. Gilbert, his associates, successors, and assigns, were also by said ordinance authorized and given power as such police officers for the purpose of supplying water with adequate pressure to extend their system of waterworks and to make such...
