Nix v. Hedden official state vegetable. Nix v. Hedden Nix v. Hedden, 149 U.S. 304 (1893), was a decision by the Supreme Court of the United States that, under U.S. customs regulations, the tomato should be classified as a vegetable rather than a fruit. The Court's unanimous opinion held that the Tariff Act of 1883 used the ordinary meaning of the words "fruit" and "vegetable," instead of the technical botanical meaning. 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
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