bailee

In many cases the bailee is not required to return the specific property, but other property of the same kind and quality.

For example, if it were a kicking horse, he should warn the bailee to keep away from his legs.

A bailee who was a cold storage keeper, stated in his receipt "all damage to property is at the owner's risk."

A bailee received some cheese and gave a receipt slating that it was to be kept at the owner's risk of loss from water.