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Avant Gardening with Sturtz & Copeland

Gardening ideas for Boulder, Colorado

Making a Federal Case Out of it

nixtomatoDid 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…”

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