In absence of proof that Moore operated his truck as a contract carrier, appellee Lumbermen's Mutual Casualty Company would be entitled to the affirmative charge. Hood v. State, 26 Ala. App. 507, 162 So. 541; Id., 230 Ala. 343, 162 So. 543; Smith v. State, 23 Ala. App. 65, 120 So. 469; 42 C.J. 646, 647; American F. C. Co. v. Werfel, 231 Ala. 285, 164 So. 383. GARDNER, Justice.