02, Revised Code), in whose behalf the action may be further prosecuted, and the sustaining of a motion by the defendant for a directed verdict or for a dismissal of the action is proper. ( Doyle, Admx., v. Baltimore Ohio Rd. Co., 81 Ohio St. 184, followed.) APPEAL from the Court of Appeals for Cuyahoga county.
An analogous situation prevails in wrongful death actions where the deaths result from injuries caused by the wrongful acts of others. 13 Ohio Jurisprudence, 421, Section 69. The cause of action of the beneficiaries is contingent until the death of the injured person from the wrongful act and accrues only upon such death ( Doyle, Admx., v. Baltimore Ohio Rd. Co., 81 Ohio St. 184, 90 N.E. 165, 135 Am. St. Rep., 775), and the measure of damages is based upon the pecuniary loss to the beneficiaries as of the date of death. When wrongful death actions were first authorized in many of the states of the United States, constitutional or statutory limitations were usually adopted fixing the maximum amount recoverable in such cases.