, 42; Jones v. U. On the other hand, in speaking generally of provisions, beans may well be included under the term `vegetables.' Brown v. Piper, 91 U. S. 37, 91 U. S. 42; Jones v. United States, 137 U. S. 202, 137 U. S. 216; Nelson v. Cushing, 2 Cush. But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables which are grown in kitchen gardens, and which, whether eaten cooked or raw, are, like potatoes, carrots, parsnips, turnips, beets, cauliflower, cabbage, celery, and lettuce, usually served at dinner in, with, or after the soup, fish, or meats which constitute the principal part of the repast, and not, like fruits generally, as dessert. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. The attempt to class tomatoes with fruit is not unlike a recent attempt to class beans as seeds, of which Mr. Justice Bradley, speaking for this court, said: "We do not see why they should be classified as seeds, any more than walnuts should be so classified.

Resulted in the legal classification of tomatoes as vegetables.   ), §§ 16, 21.

130 Asst. This means you can view content but cannot create content. There are more vegetables than those in the enumeration given in Webster's Dictionary under the term 'vegetable,' as 'cabbage, cauliflower, turnips, potatoes, peas, beans, and the like,' probably covered by the words 'and the like.

[149 U.S. 304, 306] The single question in this case is whether tomatoes, considered as provisions, are to be classed as "vegetables" or as "fruit" within the meaning of the Tariff Act of 1883. No other evidence was offered by either party.

If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. The only witnesses called at the trial testified that neither "vegetables" nor "fruit" had any special meaning in trade or commerce different from that given in the dictionaries, and that they had the same meaning in trade today that they had in March, 1883. Contributor Names Gray, Horace (Judge) Supreme Court of the United States (Author)

At the trial, the plaintiff's counsel, after reading in evidence definitions of the words "fruit" and "vegetables" from Webster's Dictionary, Worcester's Dictionary, and the Imperial Dictionary, called two witnesses, who had been for thirty years in the business of selling fruit and vegetables, and asked them, after hearing these definitions, to say whether these words had "any special meaning in trade or commerce, different from those read.". This is the old version of the H2O platform and is now read-only. ", The plaintiff then read in evidence from Webster's and Worcester's dictionaries the definitions of "potato," "turnip," "parsnip," "cauliflower," "cabbage," "carrot," and "bean.". Nix v. Hedden is a classic of staturoy interpretation. As an article of food on our tables, whether baked or boiled, or forming the basis of soup, they are used as a vegetable, as well when ripe as when green. No.

At the trial the plaintiff's counsel, after reading in evidence definitions of the words 'fruit' and 'vegetables' from Webster's Dictionary, Worcester's Dictionary, and the Imperial Dictionary, called two witnesses, who had been for 30 years in the business of selling fruit and vegetables, and asked them, after hearing these definitions, to say whether these words had 'any special meaning in trade or commerce, different from those read. S ., Decided May 10, 1893. 91 U.S. 37   Beyond the common knowledge which we have on this subject, very little evidence is necessary, or can be produced." Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site.

There being no evidence that the words 'fruit' and 'vegetables' have acquired any special meaning in trade or commerce, they must receive their ordinary meaning. 519, 532, 533; Page v. Fawcet, 1 Leon. Beyond the common knowledge which we have on this subject, very little evidence is necessary or can be produced.". Both are seeds, in the language of botany or natural history, but not in commerce nor in common parlance. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.

Judgment on verdict directed for defendant. But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables which are grown in kitchen gardens, and which, whether eaten cooked or raw, are, like potatoes, carrots, parsnips, turnips, beets, cauliflower, cabbage, celery, and lettuce, usually served at dinner in, with, or after the soup, fish, or meats which constitute the principal part of the repast, and not, like fruits generally, as dessert. This was an action brought February 4, 1887, against the collector of the port of New York to recover back duties paid under protest on tomatoes imported by the plaintiff from the West Indies in the spring of 1886, which the collector assessed under 'Schedule G.-Provisions,' of the tariff act of March 3, 1883, (chapter 121,) imposing a duty on 'vegetables in their natural state, or in salt or brine, not specially enumerated or provided for in this act, ten per centum ad valorem;' and which the plaintiffs contended came within the clause in the free list of the same act, 'Fruits, green, ripe, or dried, not specially enumerated or provided for in this act.' These definitions have no tendency to show that tomatoes are "fruit," as distinguished from "vegetables" in common speech or within the meaning of the tariff act. Brown v. Piper, 91 U.S. 37, 42; Jones v. United States, 137 U.S. 202, 216; Nelson v. Cushing, 2 Cush. '", "I don't think the term 'fruit' or the term 'vegetables' had, in March, 1883, and prior thereto, any special meaning in trade and commerce in this country different from that which I have read here from the dictionaries.

149 U.S. 304.

It presents the court squarely with the age-old question in life and law: is the tomato a fruit or a vegetable. Botanically speaking, tomatoes are the fruit of a vine, just as are cucumbers, squashes, beans, and peas. This is the old version of the H2O platform and is now read-only. Both are seeds in the language of botany or natural history, but not in commerce nor in common parlance. , 11 S. Sup. There being no evidence that the words "fruit" and "vegetables" have acquired any special meaning in trade or commerce, they must receive their ordinary meaning.

Syllabus. It does not take all kinds of fruit or vegetables; it takes a portion of them. Nix v. Hedden, 149 U.S. 304 (1893), is a case in which the United States Supreme Court addressed whether a tomato was classified as a fruit or a vegetable under the Tariff Act of March 3, 1883, which required a tax to be paid on imported vegetables, but not fruit. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. May 10, 1893. Rep. 109. 39 Fed.

1. The plaintiffs duly excepted to the instruction, and sued out this writ of error. ', The plaintiff's counsel then read in evidence from the same dictionaries the definitions of the word 'tomato.' Judgment on verdict directed for defendant. (8th Ed.) Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.

504, 519. 13 S.Ct. The only witnesses called at the trial testified that neither 'vegetables' nor 'fruit' had any special meaning in trade or commerce different from that given in the dictionaries, and that they had the same meaning in trade to-day that they had in March, 1883. Botanically speaking, tomatoes are the fruit of a vine, just as are cucumbers, squashes, beans and peas.

You can access the new platform at https://opencasebook.org. No.

... National Labor Relations Board v. Hearst. I think the words 'fruit' and 'vegetable' have the same meaning in trade today that they had on March 1, 1883.

Ev. Stay up-to-date with FindLaw's newsletter for legal professionals. This is the principal use to which they are put. ", The plaintiff's counsel then read in evidence from the same dictionaries the definitions of the word "tomato. Brown v. Piper, Nix v. Hedden. The single question in this case is whether tomatoes, considered as provisions, are to be classed as "vegetables" or as "fruit," within the meaning of the Tariff Act of 1883. ", The other witness testified: 'I don't think the term 'fruit' or the term 'vegetables' had, in March, 1883, and prior thereto, any special meaning in trade and commerce in this country different from that which I have read here from the dictionaries.

The plaintiffs duly excepted to the instruction, and sued out this writ of error. NIX v. HEDDEN ; NIX v. HEDDEN .

This is the principal use to which they are put.

MR. JUSTICE GRAY, after stating the facts in the foregoing language, delivered the opinion of the Court. But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables, which are grown in kitchen gardens, and which, whether eaten cooked or raw, are, like potatoes, carrots, parsnips, turnips, beets, cauliflower, cabbage, celery and lettuce, usually served at dinner in, with or after the soup, fish or meats which constitute the principal part of the repast, and not, like fruits generally, as dessert. 506 F.2d 33 (1974) People v. Smith. The attempt to class tomatoes as fruit is not unlike a recent attempt to class beans as seeds, of which Mr. Justice Bradley, speaking for this Court, said: "We do not see why they should be classified as seeds any more than walnuts should be so classified. ", The defendant's counsel then read in evidence from Webster's Dictionary the definitions of the words "pea," "egg plant," "cucumber," "squash," and "pepper. Robertson v. Salomon, 130 U. S. 412, 130 U. S. 414.

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The passages cited from the dictionaries define the word 'fruit' as the seed of plaints, or that part of plaints which contains the seed, and especially the juicy, pulpy products of certain plants, covering and containing the seed.

Of that [307] meaning the court is bound to take judicial notice, as it does in regard to all words in our own tongue; and upon such a question dictionaries are admitted, not as evidence, but only as aids to the memory and understanding of the court. 39 F. 109. The email address cannot be subscribed. ERROR TO THE CIRCUIT COURT OF …

Botanically speaking, tomatoes are the fruit of a vine, just as are cucumbers, squashes, beans, and peas.