Nix v. Hedden one of the first companies to ship produce from Virginia, Florida, and Bermuda to New York. In 1883, President Chester A. Arthur signed the Tariff Act of March 3, 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, 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,
Nix v. Hedden the plaintiffs' counsel entered into evidence definitions of the words "fruit" and "vegetables" from Webster's Dictionary, Worcester's Dictionary, and the Imperial Dictionary. They called two witnesses, 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 or commerce, 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