tomato: fruit or vegetable?

[watertank]

The Supreme Court of the United States opined on the issue in 1893:

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

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=149&invol=304