In the 1892 case of Junge v. Hedden, the U.S. Supreme Court was tasked with determining whether a tariff on vegetables applied to tomatoes, which are scientifically classified as fruits but commonly considered vegetables in culinary contexts. The plaintiff, John Nix & Co., argued that tomatoes should not be subject to the vegetable tariff because they were technically fruits according to botanical definitions. However, Justice Horace Gray ruled in favor of Edward L. Hedden, Collector of the Port of New York and defendant in this case who had imposed tariffs on imported tomatoes under provisions for "vegetables" rather than "fruits". He stated that while botanically speaking tomatoes might be classified as fruit; however when viewed from common language and usage perspective by people involved in cooking or meal planning (the 'common man'), it is seen more like a vegetable than a fruit due its savory taste profile and use cases within meals - hence could fall under vegetable import tax category.

The dissenting opinion in the case of Junge v. Hedden, 1892 is not available or recorded. This was a U.S Supreme Court case that revolved around tariff classifications for tomatoes; whether they should be classified as vegetables (which were taxable) or fruits (which were not). The court unanimously ruled that tomatoes are to be considered vegetables based on common language and usage, despite their botanical classification as fruits. However, no record of any justice presenting a dissenting opinion exists for this particular case.