In Pingree v. Mutual Gas Co, 107 Mich 156, 159-160; 65 NW 6 (1895), the Court ruled in favor of a consumer who paid excessively high gas charges in ignorance of the fact that they were excessive, where an ordinance provided that the gas company could not charge consumers more than an average of the rates charged in certain cities. Concerning the allegation that the plaintiff was negligent in not ascertaining the excessiveness of the charges, the Court remarked: But mistake of fact usually arises from lack of investigation. The fact in the present case was not one with which the defendant had nothing to do. Its duty was to know the fact. It presented the bills containing the excessive charges. . . . The rule is general that money paid under a mistake of material facts may be recovered back, although there was negligence on the part of the person making the payment. Id. at 160.