Isaac Lee
Professor Shawn Woodbury
Business 1300
5 May 2015
Nix vs. Hedden
Throughout the history of the United States, there has been multiple cases seen by the
Supreme Court; however, the case of Nix vs. Hedden is unique from everything else. Nix
vs. Hedden was a decision by the Supreme Court that under U.S. customs regulations, the
tomato should be classified a vegetable rather than a fruit. The court’s decision held the
opinion of the Tariff Act of 1883, stating using the ordinary terms of fruit and vegetable
that were accepted by society, rather than the technical botanical meaning. The Tariff Act
of 1833 required a tax to be paid on imported vegetables
The case was filed as an action by John Nix, George Nix and Frank Nix against Edward
Hedden, the collector for the port of New York. The plaintiffs argued that botanically, a
tomato is a fruit because it is a seed-bearing structure growing from the flowering portion
of a plant. The plaintiff’s counsel referenced the Webster’s Dictionary, Worcester’s
Dictionary and Imperial Dictionary for the definition of the words “fruit” and “vegetable”.
After reading the references, the plaintiffs called forth two witnesses who had been in the
business of selling fruit and vegetables for 30 years and asked if after hearing the
definitions, there was a difference the technical definitions and the meanings used in trade
and commerce. One of the witnesses testified saying; “I don’t think the term fruit or
vegetable had, in March 1883, any special meaning in trade and commerce in this country
