Reference for Bava Metzia 189:23
תנן השואל הפרה ושאל בעליה עמה השואל הפרה ושכר בעליה עמה שאל בעליה או שכרן ואחר כך שאל הפרה ומתה פטור ואילו ש"ח לא קתני
But if the owner thereof be with it, he shall not make it good, it refers only to those cases of liability which are explicitly stated.<span class="x" onmousemove="('comment',' But not for negligence, the liability for which is derived a minori. ');"><sup>23</sup></span>
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Rashi on Bava Metzia
But why [should be be obligated]? it is [a case of] watching with the owner: The owner of this object that was stolen was in the employ of the watchman, for also he [the guard] has a guard to him. And it is written: "If the owner is with him he shall not pay" (Shemos 22:14). And we expound later on "with him" [as] "in his employ". And even though this is written by a borrower, later we expound this also on every type of guard in Chapter "The Borrower" (Later, 95a)
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