''Nix v. Hedden'', 149 U.S. 304 (1893), is a decision by the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

in which the Court unanimously held that

tomatoes The tomato (, ), ''Solanum lycopersicum'', is a plant whose fruit is an edible berry that is eaten as a vegetable. The tomato is a member of the nightshade family that includes tobacco, potato, and chili peppers. It originated from and was d ...

should be

classified Classified may refer to: General *Classified information, material that a government body deems to be sensitive *Classified advertising or "classifieds" Music *Classified (rapper) (born 1977), Canadian rapper * The Classified, a 1980s American ro ...

vegetables Vegetables are edible parts of plants that are consumed by humans or other animals as food. This original meaning is still commonly used, and is applied to plants collectively to refer to all edible plant matter, including flowers, fruits, ...

rather than

fruits In botany, a fruit is the seed-bearing structure in flowering plants (angiosperms) that is formed from the ovary after flowering. Fruits are the means by which angiosperms disseminate their seeds. Edible fruits in particular have long propaga ...

for purposes of

tariff A tariff or import tax is a duty (tax), duty imposed by a national Government, government, customs territory, or supranational union on imports of goods and is paid by the importer. Exceptionally, an export tax may be levied on exports of goods ...

import An importer is the receiving country in an export from the sending country. Importation and exportation are the defining financial transactions of international trade. Import is part of the International Trade which involves buying and receivin ...

s and

customs Customs is an authority or Government agency, agency in a country responsible for collecting tariffs and for controlling International trade, the flow of goods, including animals, transports, personal effects, and hazardous items, into and out ...

. Justice Horace Gray delivered the opinion of the Court in holding that the Tariff Act of 1883 used the ordinary meaning of the words "

fruit In botany, a fruit is the seed-bearing structure in flowering plants (angiosperms) that is formed from the ovary after flowering. Fruits are the means by which angiosperms disseminate their seeds. Edible fruits in particular have long propaga ...

" and "

vegetable Vegetables are edible parts of plants that are consumed by humans or other animals as food. This original meaning is still commonly used, and is applied to plants collectively to refer to all edible plant matter, including edible flower, flo ...

", instead of the technical

botanical Botany, also called plant science, is the branch of natural science and biology studying plants, especially Plant anatomy, their anatomy, Plant taxonomy, taxonomy, and Plant ecology, ecology. A botanist or plant scientist is a scientist who s ...

meaning.

Background

John Nix founded the John Nix & Co. fruit commission in New York City in 1839. The company became one of the largest sellers of produce in New York City at the time, and was one of the first companies to ship produce from

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

, and

Bermuda Bermuda is a British Overseas Territories, British Overseas Territory in the Atlantic Ocean, North Atlantic Ocean. The closest land outside the territory is in the American state of North Carolina, about to the west-northwest. Bermuda is an ...

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

. On March 3, 1883, President Chester A. Arthur signed the Tariff Act of 1883, requiring a tax to be paid on imported vegetables, but not fruit. The John Nix & Co. company filed a suit against Edward L. Hedden,

Collector of the Port of New York The Collector of Customs at the Port of New York, most often referred to as Collector of the Port of New York, was a federal officer who was in charge of the collection of import duties on foreign goods that entered the United States by ship at ...

, to recover back duties paid under protest. They argued against the tariff by pointing out that, botanically, a tomato is a fruit due to its seed-bearing structure growing from the flowering part of a plant. At the trial, the

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...

s' counsel entered into

evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...

definitions of the words "fruit" and "vegetables" from ''

Webster's Dictionary ''Webster's Dictionary'' is any of the US English language dictionaries edited in the early 19th century by Noah Webster (1758–1843), a US lexicographer, as well as numerous related or unrelated dictionaries that have adopted the Webster's n ...

'', '' Worcester's Dictionary'', and the '' Imperial Dictionary''. They called two

witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...

es, who had been in the business of selling fruit and vegetables for 30 years, and asked them, after hearing these definitions, to say whether these words had "any special meaning in

trade Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market. Traders generally negotiate through a medium of cr ...

commerce Commerce is the organized Complex system, system of activities, functions, procedures and institutions that directly or indirectly contribute to the smooth, unhindered large-scale exchange (distribution through Financial transaction, transactiona ...

, different from those read". During testimony, one witness testified that in regard to the dictionary definition: Another witness testified that "I don't think the term 'fruit' or the term 'vegetables' had, in March 1883, and prior thereto, any special meaning in trade and commerce in this country different from that which I have read here from the dictionaries." Both the plaintiffs' counsel and the defendant's counsel made use of the dictionaries. The plaintiffs' counsel read in evidence from the same dictionaries the definitions of the word tomato, while the defendant's counsel then read in evidence from ''Webster's Dictionary'' the definitions of the words

pea Pea (''pisum'' in Latin) is a pulse or fodder crop, but the word often refers to the seed or sometimes the pod of this flowering plant species. Peas are eaten as a vegetable. Carl Linnaeus gave the species the scientific name ''Pisum sativum' ...

eggplant Eggplant (American English, US, Canadian English, CA, Australian English, AU, Philippine English, PH), aubergine (British English, UK, Hiberno English, IE, New Zealand English, NZ), brinjal (Indian English, IN, Singapore English, SG, Malays ...

cucumber The cucumber (''Cucumis sativus'') is a widely-cultivated creeping vine plant in the family Cucurbitaceae that bears cylindrical to spherical fruits, which are used as culinary vegetables.squash, and pepper. Countering this, the plaintiff then read in evidence from ''Webster's'' and ''Worcester's'' dictionaries the definitions of

potato The potato () is a starchy tuberous vegetable native to the Americas that is consumed as a staple food in many parts of the world. Potatoes are underground stem tubers of the plant ''Solanum tuberosum'', a perennial in the nightshade famil ...

turnip The turnip or white turnip ('' Brassica rapa'' subsp. ''rapa'') is a root vegetable commonly grown in temperate climates worldwide for its white, fleshy taproot. Small, tender varieties are grown for human consumption, while larger varieties a ...

parsnip The parsnip (''Pastinaca sativa'') is a root vegetable closely related to carrot and parsley, all belonging to the flowering plant family Apiaceae. It is a biennial plant usually grown as an annual. Its long taproot has cream-colored skin an ...

cauliflower Cauliflower is one of several vegetables cultivated from the species '' Brassica oleracea'' in the genus '' Brassica'', which is in the Brassicaceae (or mustard) family. Cauliflower usually grows with one main stem that carries a large, rou ...

cabbage Cabbage, comprising several cultivars of '' Brassica oleracea'', is a leafy green, red (purple), or white (pale green) biennial plant grown as an annual vegetable crop for its dense-leaved heads. It is descended from the wild cabbage ( ''B.& ...

carrot The carrot ('' Daucus carota'' subsp. ''sativus'') is a root vegetable, typically orange in colour, though heirloom variants including purple, black, red, white, and yellow cultivars exist, all of which are domesticated forms of the wild ...

and

bean A bean is the seed of some plants in the legume family (Fabaceae) used as a vegetable for human consumption or animal feed. The seeds are often preserved through drying (a ''pulse''), but fresh beans are also sold. Dried beans are traditi ...

Decision

The court

unanimous Unanimity is agreement by all people in a given situation. Groups may consider unanimous decisions as a sign of social, political or procedural agreement, solidarity, and unity. Unanimity may be assumed explicitly after a unanimous vote or impl ...

ly decided in favor of the respondent and found that the tomato should be classified under the customs regulations as a vegetable, based on the ways in which it is used, and the popular perception to this end. Justice Horace Gray, writing the opinion for the Court, stated that: Justice Gray, citing several Supreme Court cases ('' Brown v. Piper,'
91 U.S. 37, 42
and '' Jones v. U.S.,'' 137 U.S. 202, 216) stated that when words have acquired no special meaning in trade or commerce, the ordinary meaning must be used by the court. In this case dictionaries cannot be admitted as evidence, but only as aids to the memory and understanding of the court. Gray acknowledged that botanically, tomatoes are classified as a "fruit of the

vine A vine is any plant with a growth habit of trailing or scandent (that is, climbing) stems, lianas, or runners. The word ''vine'' can also refer to such stems or runners themselves, for instance, when used in wicker work.Jackson; Benjamin; Da ...

"; nevertheless, they are seen as vegetables because they were usually eaten as a main course instead of being eaten as a

dessert Dessert is a course (food), course that concludes a meal; the course consists of sweet foods, such as cake, biscuit, ice cream, and possibly a beverage, such as dessert wine or liqueur. Some cultures sweeten foods that are more commonly umami, ...

. In making his decision, Justice Gray mentioned another case where it had been claimed that

s were

seed In botany, a seed is a plant structure containing an embryo and stored nutrients in a protective coat called a ''testa''. More generally, the term "seed" means anything that can be Sowing, sown, which may include seed and husk or tuber. Seeds ...

s — Justice Bradley, in '' Robertson v. Salomon,'' 130 U.S. 412, 414, similarly found that though a bean is botanically a seed, in

common parlance Colloquialism (also called ''colloquial language'', ''colloquial speech'', ''everyday language'', or ''general parlance'') is the linguistic style used for casual and informal communication. It is the most common form of speech in conversation amo ...

a bean is seen as a vegetable. While on the subject, Gray clarified the status of the

, and

Legacy

''Nix'' has been cited in three Supreme Court decisions as a precedent for court interpretation of common meanings, especially dictionary definitions. ('' Sonn v. Maggone,'' ; '' Saltonstall v. Wiebusch & Hilger,'' ; and '' Cadwalader v. Zeh,'' ). Additionally, in '' JSG Trading Corp. v. Tray-Wrap, Inc.,'' 917 F.2d 75 (2d Cir. 1990), a case unrelated to ''Nix'' aside from the shared focus on tomatoes, a judge wrote the following paragraph citing the case: In 2005, supporters in the

New Jersey Legislature The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and ...

cited ''Nix'' as a basis for a bill designating the tomato as the official state vegetable.

References

External links

* *
''Rocknel Fastener, Inc. v. United States''
– 34 page PDF covering a similar case hinging on the difference between

screw A screw is an externally helical threaded fastener capable of being tightened or released by a twisting force (torque) to the screw head, head. The most common uses of screws are to hold objects together and there are many forms for a variety ...

s and bolts. The difference is outlined in a 21-page PD
Distinguishing Bolts From Screws
{{DEFAULTSORT:Nix V. Hedden 2 Tomatoes United States statutory interpretation case law United States Supreme Court cases United States Supreme Court cases of the Fuller Court 1893 in United States case law Agriculture in the United States

Background

Decision

Legacy

See also

References

External links