Did you know that the tomato stood trial in the Supreme Court? In an 1893 decision Nix v. Hedden the question was whether the tomato was a fruit or vegetable. A group of greens grocers sued the State of New York. The state taxed vegetables at that time, but not fruit. The grocers stated — correctly, botanically speaking — that the tomato was a fruit. Botanists consider it a berry. But the Court sided with the state. A later jurist explained the Court’s reasoning, “In common parlance tomatoes are vegetables…”
