(specially concurring) :
I concur, but on a different basis than that set forth in the majority opinion. Here, since no issue of the public right to use the road is raised, the only question is as to the locking of plaintiffs’ gate and interference with plaintiffs as members of the public. In other words, defendants’ failure to make exceptions *510to the findings of the trial court as to the public use and resultant public prescriptive right and the failure to appeal that part of the judgment really renders the entire appeal moot. I recognize that the notice of appeal is general in nature but noAvhere in appellants’ brief is any issue raised except as to the private easement.
ME, JUSTICE DALY concurs.