Nix v. Hedden 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
Norwich Pharmacal Co v Customs and Excise Comrs this, claiming that they had no authority to give such information. Norwich Pharmacal Co. brought proceedings against the Excise Commissioners, to force the Commissioners to disclose the names of the importers, which were the "Intended Defendants". In "Norwich Pharmacal Co. v Customs and Excise Commissioners" [1974] the House of Lords held that where an innocent third party has information relating to unlawful conduct, a court could compel them to assist the person suffering damage by giving them that information. The judgement is based on the 19th Century procedure known as the "bill of discovery". Lord Reid summarised what became known