This is the principal use to which they are put. 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. 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 defendant's counsel then read in evidence from Webster's Dictionary the definitions of the words "pea," "egg plant," "cucumber," "squash," and "pepper.

I think the words 'fruit' and 'vegetable' have the same meaning in trade today that they had on March 1, 1883. 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. ... National Labor Relations Board v. Hearst. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. 242; Taylor on Evidence (8th ed. 393 Mich. 432 (1975) Public Citizen v. United States Department of Justice . The plaintiffs duly excepted to the instruction, and sued out this writ of error. Supreme Court of United States. Both are seeds in the language of botany or natural history, but not in commerce nor in common parlance. 137 506 F.2d 33 (1974) People v. Smith. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 39 Fed. 149 U.S. 304. Submitted April 24, 1893. Rap Battle over Supreme Court case Nix v. Hedden, featuring the debate over whether a tomato was a fruit or a vegetable. This is the old version of the H2O platform and is now read-only. 242; Taylor on Evidence, (8th ed.)

1. The court, upon the defendant's motion, directed a verdict for him, which was returned, and judgment rendered thereon. Rep. 109.

This means you can view content but cannot create content. The court, upon the defendant's motion, directed a verdict for him, which was returned, and judgment rendered thereon. , 9 S. Sup. 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. 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. [306] Mr. Edwin B. Smith for plaintiff in error.   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.". 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. 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. (8th Ed.) 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. The email address cannot be subscribed.

The defendant's counsel then read in evidence from Webster's Dictionary the definitions of the words 'pea,' 'egg plant,' 'cucumber,' 'squash,' and 'pepper. 137.

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. ', The plaintiff's counsel then read in evidence from the same dictionaries the definitions of the word 'tomato.' 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. 39 F. 109. 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. , 42; Jones v. U. This is the principal use to which they are put. 137. Resulted in the legal classification of tomatoes as vegetables. 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. Brown v. Piper, 91 U.S. 37, 42; Jones v. United States, 137 U.S. 202, 216; Nelson v. Cushing, 2 Cush. The court takes judicial notice of the ordinary meaning of all words in our tongue, and dictionaries are admitted not as evidence, but only as aids to the memory and understanding of the court. ', One of the witnesses answered as follows: 'Well, it does not classify all things there, but they are correct as far as they go.

Asst. NIX et al. Mr. Justice GRAY, after stating the facts in the foregoing language, delivered the opinion of the court. Begin typing to search, use arrow keys to navigate, use enter to select. §§ 16, 21. Reset A A Font size: Print. No other evidence was offered by either party. Statement by Mr. Justice GRAY: The passages cited from the dictionaries define the word "fruit" as the seed of plants, or that part of plants which contains the seed, and especially the juicy, pulpy products of certain plants, covering and containing the seed.

Both are seeds, in the language of botany or natural history, but not in commerce nor in common parlance. 519, 532, 533; Page v. Fawcet, 1 Leon. Of that. Plaintiffs bring error. 504, 519. 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. 137 Argued: Decided: May 10, 1893.

Judgment on verdict directed for defendant. , 11 S. Sup. Both are seeds, in the language of botany or natural history, but not in commerce nor in common parlance. 881. No other evidence was offered by either party. Brown v. Piper, Action by John Nix, John W. Nix, George W. Nix, and Frank W. Nix against Edward L. Hedden, collector of the port of New York, to recover back duties paid under protest. Ct. Rep. 80; Nelson v. Cushing, 2 Cush. 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. Thank you. It does not take all kinds of fruit or vegetables; it takes a portion of them. I understand that the term 'fruit' is applied in trade only to such plants or parts of plants as contain the seeds. MR. JUSTICE GRAY, after stating the facts in the foregoing language, delivered the opinion of the Court. Decided May 10, 1893. Mr. Assistant Attorney General Maury for defendant in error. 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. 22 Stat. I understand that the term 'fruit' is applied in trade only to such plants or parts of plants as contain the seeds. NIX v. HEDDEN ; NIX v. HEDDEN . Title U.S. Reports: Nix v. Hedden, 149 U.S. 304 (1893). 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. 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. 4. 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. Contributor Names Gray, Horace (Judge) Supreme Court of the United States (Author) Action by John Nix, John W. Nix, George W. Nix, and Frank W. Nix against Edward L. Hedden, collector of the port of New York, to recover back duties paid under protest. 39 Fed. 16, 21. At law. Gen. Maury, for defendant in error.

91 U.S. 37 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. No.

No. All rights reserved.

504, 519. 322 U.S. 111 (1944) Nix v. Hedden. Quimbee might not work properly for you until you update your browser. United States Supreme Court. 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. NIX v. HEDDEN(1893) No. Nix v. Hedden. Atty.

v. HEDDEN, Collector. 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. STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Thank you. [149 U.S. 304, 307]

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