Briggson v. Viroqua
Briggson v. Viroqua, 264 Wis. 47, 58 N.W.2d 546 (1953) involved a claim for damages and equitable relief due to the City of Viroqua's discharge of sewage across the plaintiff's farm.
In discussing a variety of cases in which damages and equitable relief had been sought, Briggson noted it had been held that the court "will in a proper case, not only extend its equitable remedy, but will also permit the recovery of damages." Id.
Briggson determined, however, that the trial "court had the power in the instant case to award damages ... in lieu of granting injunctive relief." Id. at 57.
"The damages awarded by the trial court covered and contemplated the continuance of the discharge of effluent through the ditch which had been worn across plaintiffs' farm." Id. at 59.