The-declaration in this case shows merely that the defendants negligently omitted sufficiently to shore up the roof of their mine, in consequence of which the plaintiff’s intestate was killed by the falling upon him of a mass of graphite. As the intestate was killed, no action for damages lies at common law. Pub. Stat. R. I. cap. 204, § 20, 1 provides an action in cases in which death ensues from injury inflicted by the wrongful act of another and in which an action for damages might have been maintained at common law had death not .ensued. But this statute does not extend to an action against a defendant who is charged with a mere passive neglect or omission of duty. Bradbury v. Furlong, 13 R. I. 15.

The verdict is set aside and the case remitted to. the Common Pleas Division with direction to dismiss, unless the plaintiff is able to amend his declaration so as to bring the case within the provision of the statute and, on motion, shall obtain leave for such amendment.