It is conceded in the State’s brief the trial court was inattentive to ch. 311, sec. 2, Public Laws 1935, which provides that driving faster than 45 miles per hour, under conditions here described, “shall be prima facie evidence that the speed is not reasonable or prudent, and that it is unlawful.”

It also appears from a careful perusal of the charge as a whole that the test of civil liability, rather than that of criminal responsibility, was applied in determining the defendant’s guilt. S. v. Cope, 204 N. C., 28, 167 S. E., 456.

This necessarily works a new trial. It is so ordered.

New trial.