In case of the death of the employee before the termination of the action so brought against the employer, it may be continued in the name of his widow or children, and if there be no such widow or children, then in the name of his parents, if they, or either of them, were dependent upon such employee for support at the time of the injury. If it shall appear in any action so continued in the name of the widow, children or parents of a deceased injured employee, that the death was the result of the injury, damages shall be assessed by the court, and the court shall estimate such damages in accordance with:
(a) The degree of culpability of the employer or of the person for whose negligence the employer is liable.
(b) The material damage incurred by the claimant or claimants through the death of the employee, in accordance with the actual needs that said claimant or claimants had to depend upon the wages of such employee for their support, taking into consideration his earning capacity and his probabilities of life at the time of the accident.
History —Mar. 1, 1902, p. 150, § 3; Mar. 13, 1913, No. 69, p. 114, § 2.