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Nix v. Hedden

Nix v. Hedden, 149 U.S. 304 (1893) was a case tried before the Supreme Court of the United States over whether a tomato was classified as a fruit or a vegetable. It was filed as an action against the collector of the port of New York over duties related to importation of tomatoes.

According to the Tariff Act of 1883, a duty was imposed on imported "vegetables in their natural state, or in salt or brine, not specially enumerated or provided for in this act, ten per centum ad valorem." Another provision of the act said that "Fruits, green, ripe, or dried, not specially enumerated or provided for in this act." Definitions of "fruit" and "vegetable" were read from the Webster's Dictionary and witnesses involved in fruit and vegetable commerce were called.

The court decided in favor of the defense and found that the tomato was classified as a vegetable, based on the ways in which it is used, and the popular perception to this end.

The conclusion of this case ended one of the more humorous Supreme Court decisions in history.

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07-14-2008 23:18:10
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