经典案例拆解系列

The Defendant in this case is the occupier, for the purpose of his business as a confectioner, of a house in Wigmore Street. In the rear of the house is a kitchen, and in that kitchen there are now, and have been for over twenty years, two large mortars in which the meat and other materials of the confectionery are pounded. The Plaintiff, who is a physician, is the occupier of a house in Wimpole Street, which until recently had a garden at the rear, the wall of which garden was a party-wall between the Plaintiff’s and the Defendant’s premises, and formed the back wall of the Defendant’s kitchen. The Plaintiff has, however, recently built upon the site of the garden a consulting-room, one of the side walls of which is the wall just described. It has been proved that in the case of the mortars, before and at the time of action brought, a noise was caused which seriously inconvenienced the Plaintiff in the use of his consulting-room, and which, unless the Defendant had acquired a right to impose the inconvenience, would constitute an actionable nuisance.

第一句

The Defendant in this case is the occupier, for the purpose of his business as a confectioner, of a house in Wigmore Street.

语法结构

主干：The Defendant ... is the occupier ... of a house

插入语：for the purpose of his business as a confectioner（说明其占用房屋的目的）

地点状语：in Wigmore Street

解析要点：

主语与谓语被插入语隔开：The Defendant ... is ... the occupier ... of a house

正常语序应为：The Defendant is the occupier of a house in Wigmore Street for the purpose of his business as a confectioner.

第二句

In the rear of the house is a kitchen, and in that kitchen there are now, and have been for over twenty years, two large mortars in which the meat and other materials of the confectionery are pounded.

语法结构

并列句，由 and 连接：

分句一：In the rear of the house is a kitchen（倒装句，正常语序为 a kitchen is in the rear）

分句二：in that kitchen there are ... two large mortars

插入的时间状语：now, and have been for over twenty years（修饰 there are，强调“现在有且已有二十多年”）

定语从句：in which the meat ... are pounded（修饰 mortars）

解析要点：

时间状语的插入打破了 there are ... two large mortars 的正常顺序

“now, and have been for over twenty years” 暗示：该状态在起诉时仍在持续

第三句

The Plaintiff, who is a physician, is the occupier of a house in Wimpole Street, which until recently had a garden at the rear, the wall of which garden was a party-wall between the Plaintiff’s and the Defendant’s premises, and formed the back wall of the Defendant’s kitchen.

第四句

The Plaintiff has, however, recently built upon the site of the garden a consulting-room, one of the side walls of which is the wall just described.

语法结构

主干：The Plaintiff has ... built ... a consulting-room

插入语：however（表示转折：尽管原来是花园，但原告最近改建了）；

地点状语：upon the site of the garden（建在花园原址上）；

定语从句：one of the side walls of which is the wall just described（修饰 consulting-room）；

解析要点：

built 的宾语 a consulting-room 被地点状语隔开：built upon the site ... a consulting-room；

“the wall just described” 即上一句中的花园围墙/界墙/被告厨房后墙；

第五句

It has been proved that in the case of the mortars, before and at the time of action brought, a noise was caused which seriously inconvenienced the Plaintiff in the use of his consulting-room, and which, unless the Defendant had acquired a right to impose the inconvenience, would constitute an actionable nuisance.

语法结构

形式主语：It

真正主语：that 引导的名词性从句

that 从句内部结构：

时间状语：before and at the time of action brought（在诉讼提起之前及当时）

状语：in the case of the mortars（就研钵而言）

主句：a noise was caused

定语从句1：which seriously inconvenienced the Plaintiff in the use of his consulting-room

定语从句2：which ... would constitute an actionable nuisance

其中插入条件状语：unless the Defendant had acquired a right to impose the inconvenience

逻辑关系：

噪音存在 → 严重干扰原告使用诊室 → 除非被告已获得施加该干扰的权利 → 否则该噪音构成可诉的妨害行为

中文翻译

本案被告是一名糖果商，为经营其生意而占用威格莫尔街的一处房屋。房屋后部是一间厨房，厨房内现有（且二十多年来一直有）两个大型研钵，用于捣碎肉类及其他糖果制作原料。原告是一名内科医生，占用威姆波尔街的一处房屋，该房屋后方原有一个花园，花园的围墙是原告与被告房产之间的界墙，同时也是被告厨房的后墙。然而，原告最近在花园原址上修建了一间诊室，该诊室的一面侧墙正是前述的围墙。经证明，在诉讼提起之前及当时，研钵产生的噪音严重干扰了原告使用其诊室，且除非被告已获得施加该干扰的权利，否则该噪音将构成可诉诸法律的妨害行为。